O-CHI-CHAK-KO-SIPI FIRST NATION BY-LAW NO. 99-1 A BY-LAW FOR THE CONTROL OF HUNTING ANb THE PRESERVATION, PROTECTION AND MANAGEMENT O r WILDL ON THE O-CHI-CHAK-KO-SIPI FIRST NATION RE SERVE WHEREAS THE Council o f O-Chi-Chak-Ko-Sipi First Nation desin s to make a by-law governing the hunting of wildlife on reserve lands; AND WHEREAS the Council has (he power to make such a by-law under paragraph: 81(l)(o), (q) and (r) o f the Indian Act RSC J985 c. 7-5; AND WHEREAS such a by-law is considered expedient and necessa y to provide for safety of the public and the preservation, protection and management i if wildlife on reserve lands; NOW THEREFORE the Council o f the O-Chi-Chak-Ko-Sipi First Nation mak< following by-law: Short title 1. This by-law may be cited as: ‘The O-Chi-Chak-Ko-Sipi F in : Nation w id life By-Law.* Interpretation 2. In this by-law, band member means a member o f the Indian band calpd O-Chi-Chak-Ko-Sipi First Nation; Council means the band council, as defined in the Ind an Act, o f the O-Chi-Chak-Ko-Sipi First Nation; First Nation means the O-Chi-Chak-Ko-Sipi First Na on; hunting means chasing, driving, flushing, attracting, j irsuing, won ring, subsequently captured, _ including stalking, attracting, searching for or lying ù wait for will life ty an unarmed person solely for the purpose of watebinj or taking pic ures p f the wildlife; wildlife tag means a unique identification tag issued 5 0 0 ® o a t r n to / 4 f | f -■ o p > y N, o I < -4 . ' 1 nder this by-law; sett C8̂ toz iv j | c :stB & i ee/ez/to •-T U J U C C .
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license means a valid and subsisting license issued i • th s by-lav , reserve means the lands defined as a reserve within t leaning of me Indian Act and set apart for the use and benefit of the O-Chi-Chak-Ko-Sipi First Nation; resolution means a recognized declaration of intent du - authorized >y Council at a duly authorized meeting of Council and i and incorporated in the official minutes; trade means offer for sale, expose for sale, advertise : sale, sell, b y, barter, exchange, deal or solicit; wildlife means a vertebrate o f any species or type ' i is wild by tfature, but does not include fish; wil<R\fe farm means an area where wildlife is kept, i , ired or 1 propagated in captivity, for any purpose; wildlife farm animal means a wildlife animal which - i bdm or is or has been kept or raised on a wildlife farm; wildlife officer means a person appointed as a wildlif Iffi :cr by Council under section 4. f Application of by-law { 3. (1) This by-law applies within the boundaries o f the reserve < O-Chi-Chak-Ko-Sipi First Nation. (2) The Schedules are part o f this by-law. (3) Where a form is prescribed in this by-law, the forth used m ly vary from the J prescribed form as long as it contains all of the relevant in brmation referred to m the prescribed form. (4) This by-law shall be interpreted in such a way as to supers de provincial jurisdiction over hunting and the preservation, protection f d management of wildlife within reserve lands. * coo@ sFIPh h sert’ c p m xvj tjnst ihj 69/U/tO 4
Wildlife officers I 4. (1 ) Council may by resolution appoint one or more wildlife officers to perform the functions of administration and enforcement calfcd for in this by law. 1 (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. G eneral prohibition on hunting 5. (1) No person shall engage in hunting within the reserve except as permitted in this by-law (2) Despite anything in this by-law, where necessary for the prevention of <___ property or injury to persons, a person may hunt, trap or kill Wildlife if the incident is reported to and the animal or carcass is surrenders! immediately f t a wildlife officer. I 6. (1) For the purpose of wildlife management or research or the protection of property, Council may by resolution and subject to such terms and conditions as it may prescribe, direct or authorize a wildlife officer or a designated person to kill, Rapture or take any wildlife. (2) Where a wildlife officer or designated person kills, captures or takes wildlife under a direction or authorization given under subsection (1), the property, rights, title and interest in and to the wildlife are vested in Counc] H unting by band members 7. (1) Subject to this by-law, a band member may engage in hunting within the rfe rv e at any time. (2) No person may hunt or trap within a wildlife farm, located on reserve unie is authorized to do so by a resolution issued by Council. H unting by persons who are not band members 8. (1) Subject to this by-law, no person other than a band membermay engage ii i huntimng within the reserve unless authorized to do so by an O-Chi-Chak-K )-Sipi First Nation hunting license issued by Council. (2) No person may hunt or trap within a wildlife farm, located on reserve unl< ss authorized to do so by a special seal affixed to the O-Chi-Cbak-Ko-Sipi F rst Nation hunting license issued by Council. (3) Council may by resolution prescribe fees for hunting by nod band membe s. too® 'set* csjb toz xvj zcpsi i il ee/tz/to
I Enforcement 9. (1) Everyone commits an offense who (a) fails to observe or contravenes any provision of this by-law >rany ban, restriction or rule imposed unaer it; or (b) resists or willfully obstructs a wildlife officer in the perfora ance o f any duty or in the exercise of any power under Jtbis by-law. 10. A peace officer may arrest without warrant a person the officer finds apparei tly committing an offense under this by-law and bring the person btefore a courtfcf competent jurisdiction to be dealt with according to law. Penalty 11. A person who commits an offense under section 10 is liable on summary coi ivictic i to a fine not exceeding $1,000.00 or to imprisonment not exceeding 30 days or to both. Severability 12. Should a court determine that a provision of this by-law is inva id for any re ison, the provision shall be severed from the by-law and the validity b|>ff the rest offthe by law shall not be affected. THIS BY-LAW IS HEREBY MADE at a duly convened meeting o f the Councy o f the O-Chi-Chak-Ko-Sipj First Nation this day of ,1999, Voting in favour of the by-law are the following members o f Council: i . i Councillor } being a majority of those members of the Council of O-Chi-Chak-K’ fc>-Sipi First Ration present at die meeting of Council. A quorum of the members is , J members, members werejpresent at the meeting.
I, John McDonald, Chief of the O-Chi-Chak-Ko-Sipi First Nation, hereby certify the ; a true copy of this by-law was mailed to the Minister of Indian Affairs and Northern Development at the Manitoba Region office under subsection 82(1) of the Indian A i r, this day of , 1999. _ Q jtA nna Witness
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