Part II - Enacted First Nations Legislation

Decision Information

Decision Content

10/24/1996 14:52 3064460612 BFORD TRIBAL COUNCIL PAGE 02 BY-LAW NO. 1 9 9 6 -97 -001 OF THE SWEETGRASS RESERVE A BY-LAW FOR THE OPERATION OF BIG GAME OUTFITTING AND RULES AND REGULATIONS FOR OUTFITTING WHEREAS: the Chief and Council of the Sweetgrass Reserve desires to make a by-law governing the operation of Big-Game outfitting for the preservation, protection and Management of Big Game on the Reserve, matters ancillary thereto, and penalty for the violation thereof; AND WHEREAS: the Chief and Council of the Sweetgrass Reserve has the power to make such by-law pursuant to paragraphs 81 (1) (o) and (q) and (r)in the Indian Act; AND WHEREAS; it is considered to be expedient and necessary to provide for the preservation, protection and management of Big Game on the reserve; NOW 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, Moose, Elk, and Antelope together with such other vertebrate animals that are wild by nature as may be designated by resolution of the Chief and Council. Predator means any fur bearing animal who preys on big game such as: coyotes, fox, wolf, etc. Chief and Council means the Chief and Council, of 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 Chief and Council, pursuant to Section 5, to administer and enforce this by-law. Hunting means taking, wounding, killing, chasing, pursuing, worrying, capturing, following after or on the trail of, search for, shooting at, stalking or laying in wait for any Big Game, whether or not the game is subsequently captured, wounded or killed;
10/24/1996 14:52 3064460612 BFORD TRIBAL COUNCIL PAGE 03 Officer means a police officer, police constable or other person charged with the duty to preserve and maintain the public peace, and a by-law enforcement officer or any other person appointed by the Chief and Council for the purpose of 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 all land added to the reserve after the date of this by-law. Take includes the capturing or the taking into possession of Big Game, whether dead or alive. Baiting means the use of grains, grasses, salt or hay materials for hunting purposes; Dress means the clothing worn during hunting; Outfitter means a licensed professional who take clients hunting; Client a customer of the outfitter. Repeal Previous By-Law 3. BY-LAW No. 1 -96 is repealed. Administration: 4. The Chief and Council may, by resolution, appoint one or more game officers to perform such limctions in respect of the administration and enforcement of this by-law as are prescribed herein. 5. The Council may designate any officer to perform such functions in respect o f the administration and enforcement of this by-law as prescribed herein to be performed by a game officer. 6. Outfitter (1) The band will allow two outfitters to operate on these lands. (2) The outfitter will be allowed to take a suitable amount of clientele in accordance to their agreement with the band. (3) The outfitter has to be a licensed outfitter with the Province of Saskatchewan. (4) The outfitter must obey the regulations set forward in this document.
4/1996 14:52 3064460612 BFORD TRIBAL COUNCIL PAGE 04 7. Species (1) An outfitter will be allowed to purchase Licenses for any Big Game species found on these lands. (2) An outfitter will be allowed also to have clients shoot predators to help control their population. At this point we will not expect to have licenses in place for predator control. 8. Pates (1) All Big Game seasons will run from the first Monday of Sept, to Dec, 31 of a given year. (2) These dates will be open for Muzzle, Archery, Rifle and Cross bow. (3) Hunting of predators may be done year round. 9. Hunting Times (1) Hunters will be allowed to shoot between the hours of half hour before sunrise until half hour after sunset. (2) Hunting will be allowed 7 days a week. 10. Baiting (1) Baiting will be allowed on these lands for the hunting of Big Game species and for predator control. (2) There will be no set limit to amount of bait used as it is a quality food source. (3) Bait may also be used for the hunting of predators. 11. Dress Code (1) Clients and Guides plus any other individuals involved with the outfitting operation may use 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.
10/24/1996 14:52 3064460612 BFORD TRIBAL COUNCIL PAGE 05 (2) At this time predators will not be limited. 13. Licenses (1) The outfitter may purchase hunting licenses from the band for each client. (2) Each Big Game License will have a fee of $300.00 Cdn. (3) These licenses can be purchased before hunting season. (4) Each Client must carry their license with them while hunting for proof of legal hunting. (5) A tag must be attached to the carcass of the animal immediately upon taking possession of the same. The Tag must show the date the animal was killed and the name of 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 Firearms (1) No loaded firearms in a vehicle. (2) Firearms do not have to be encased. (3) Unloaded firearms will be allowed on all terrain vehicles, they may be carried uncased. 15 All Terrain Vehicles (1) Four wheel drive vehicles will be allowed for transportation while hunting. (2) Three wheelers, quads, argos or skidoos will be allowed for transportation purposes during hunting or baiting activities. 16 Violations (1) Anyone who fails to comply with the provisions of this Bylaw commits an offense that is subject, on summary conviction to a fine not exceeding $1,000.00.
10/24/1996 14:52 3064460612 BFORD TRIBAL COUNCIL PAGE 06 THIS BY-LAW IS HEREBY made at a duly convened meeting of the Chief and Council of the Sweetgrass Band this 1 5 day of Or.r . . 1996. Voting in favour of the by-law are the following members of the council. (Councillor) being the majority of those members of the Council of the Sweetgrass present at the aforesaid meeting of Council. The quorum of the Chief and Council is _J>__ _ members. Number of members of the Chief and Council present at the meeting: 7 I, iiiaync sj^ajxd-i-tLfrtuxrji ChietfCouncillor of the Band, do hereby certify that a true copy of the foregoing by-law was mailed to the Minister of Indian Affairs and Northern Development at the District/Regional/Hull office (as the case may be) pursuant to subsection 82(1) of the Indian Act, this 15 day of Octobf i r , 1996.
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