2 BY-LAW NO. 1996-97-001 OF THE SW EETGRASS RESERVE A BY-LAW FOR THE OPERATION OF THE BIG GAME OUTFITTING AND RULES AND REGULATIONS FOR OUTFITTING WHEREAS: the Chief andc ouncil o f the SweetR eserve desires to make a by-law governing the operations o fB ig Game outfittingf o r the preservation, protection and management o fB ig Game on the Reserve, matters ancillary thereto, and penalty fo r the violation thereof AND WHEREAS:the Chief and Council o f the Sweetgrass Reserve has the pow er to make such by-laws pursuant to paragraphs 81(1) (a) and and in the Indian Act; AN D WHEREAS: it is considered to be expedient and necessary to provide fo r the preservation, protection and management o f Big Game on the Reserve. N O W THEREFORE: the Chief and Council o f the Sweetgrass Reserve hereby makes the following by-law: Short Title. 1. This by-law may be cited as the "Outfitting" By-Law on the Sweetgrass Reserve. Interpretation: 2. In this by-law, “Band" means the Sweetgrass Band “Big Game” means Deer, Mooses, Elk, and Antelope together with such other vertebrate animals that are w ild by nature as may be designated by resolution o f the C hief and Council. “Predator" means any fur bearing animal who preys on big game such as; coyotes, fox, wolf, etc. “C hief and Council” means the C hief and Council, o f the fore named Band as defined in the Indian Act. “Game Officer" means a game officer appointed under section 4, and includes an officer who has been designated by the C hiefa nd Council, pursuant to section 5, to administer and enforce this by-law. $/|7 • fi 3C0? • 0\’ AVt! : n[ ' o n 7
3 “ Hunting" means taking, wounding, killing, chasing pursuing, worrying, capturing following after or on the trial of, search for, shooting at, stalking or laying in wait fo r any big game, whether or not the game is subsequently captured, wounded or killed; “Officer” means a police officer, police constable or other person charged with the to preserve and maintain the public peace, and a by-law enforcement officer or and other person appointed by the Chiefa nd Council fo r the purpose o f maintaining law and order on the reserve. “Reserve ” means the reserve o f the Sweetgrass Band as it may exist from time to time and includes a ll land added to the reserve after the date o f this by-law. “Take” includes the capturing or the taking into possession o f B ig Game, whether dead or alive. “Baiting" means the use o fg rains, grasses, salts or hays m aterials fo r hunting s; “D ress” means the clothing worn during hunting. “Outfitter” means a licensed professional who takes clients hunting. “Client” a customer o f the outfitter. Repeal Previous By-Law 3. BY-LAW No. 1-96 is repealed Administration 4. The C hief and Council may, by resolution appoint one or more game offers to perform such functions in respect o f the administration and enforcement o f this by-law as prescribed herein. 5. The Council may designate any officer to perform such functions in respect o f the administration and enforcement o f this by-law as prescribed herein to be preform ed by a game officer. 6. Outfitter (1) The band w ill allow four outfitters to operate in these lands (2) The outfitter will be allowed to take suitable am owtt o f clientele in accordance to their agreements with the band. (3) The outfitter has to be licensed outfitter with the Province o fS askatchewan (4) The outfitter must obey the regulations set forw ard in this document. (5) The outfitter can not sublease its designated area. : '9 • H 9Pop • 0M ' NO!??: :? -_ f0N
4 7. Species (1) Ano utfitter w ill be allowed to purchase Licenses fo r any Big Game species found on these lands. (2)A n outfitter w ill be allowed also to have clients shoot predators to help control their population A t this point we w ill not expect to have licenses in place fo r predator control. 8. Dates (1) A ll Big Game seasons w ill run from the first Monday o f September to December 31 o f a given year. (2) These dates w ill be open fo r muzzle, Archery, Rifle and Crossbow. (3) Hunting o fp redators w ill be done year round 9. Hunting Times (1) Hunters w ill be allowed to shoot between the hours o f half hour before sunrise and half hour after sunset. (2) Hunting w ill be allowed 7 days a week. 10. Baiting (1) Baiting w ill be allowed on these lands fo r the hunting o fB ig Game species andf or predator control. (2) There w ill be no set lim it to amount o f bait used as it is a quality fo o d source. (3) Bait may also be usedf o r the hunting o fp redators. 11. Dress Code (1) Clients and Guides plus any other individuals involved with the outfitting operations 'mayuse camouflage clothing or regular clothing while hunting. (2) No specific colors are required 12. Limits (1) The outfitter is allowed to have each client purchase one Big Game license per species. (2) A t this time predators w ill not be lim ited q/c • - : c p c • o m mat:: 1 - - i'-'J *
5 13. Licenses (1) The outfitter may purchase hunting licenses from the bandfor each client. (2) Each Big Game License will have a fee o f $300.00 Cdn. (3) These licenses can be purchased before hunting season. (4) Each client must carry their license with them while huming fo r proof o f legal hunting. (5) A tag must be attached to the carcass o f the animal immediately upon taking possession o f the game. The tag must show the date the animal killed and the name o f the hunter who killed it. In the event that the carcass is separated from the hide, a tag bearing this information must be attached to each item. 14. Fireanm (1) No loadedf irearm s in a vehicle. F)2( irearms do not have to be cased (3) Unloadedf irearm s will be allowed on all terrain vehicles, they may be carried uncased. 15. M lT errain Vehicles (1) Four wheel drive vehicles w ill be allowedf o r transportation while hunting. (2) Three wheelers, quads, argos or skidoos w ill be allow edf o r transportation purposes during hunting or baiting activities. 16. Viglatiqns (1) Anyone who fa ils to comply with the provisions o f this by-law commits an offence that is subject, on summary conviction to a fin e not exceeding $1000.00 and/or the hunting agreement will be revoked - v ' • - 0 - - 0 ■ 0 M M A l CM J 'MU '•>
THIS BY-LAW IS HEREBY amended at a duly convened meeting o f the Chief and Council o f the Sweetgrass Band Voting in favor o f the by-law amendments are the following members o f the council. (Councilor) s (Councilor) being the majority o f those member o f the Council o f the Sweetgrass present at the afters a id meeting o f Council The quorum o f the Chiefand Council Number o f member o f the Chiefa nd Council present at the meeting l To™ whitecqlf Chief/Councilor o ft he Band, do hereby certify that a true copy o f the foregoing amended by-law was m ailed to the Minister o f Indian and Northern Development a t the District/Regional/Hullo ffice (as the case may subsection 82(1) o f the Indian Act, this : /o ICCC'OM 6 siht/S ~ day o f 2001. fqC ow cilor) Jf) (Councilor) siS members. 5 pursuant to o f D n S Y ______ , 2001. ‘.'nftilii l y y i i m umjom i«n 7
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.