06/26/2003 14:13 FAX 810 997 0034 BAND GOVERNANCE @004 ~ JUIS.̂ 0.2003 1EL35AM NORTH CENTRAL REGION NO.135 P-3 By-Law No. PLB-03-B01 A BY-LAW FOR THE PRESERVATION, PROTECTION AND MANAGEMENT OF BIG GAME WHEREAS the Council o f the Pelican Lake Band desires to make a by-law governing the preservation, protection and management o f Big Game on the reserve, matters ancillary thereto, and penalty for the violation thereof: AND WHEREAS the Council o f the Pelican Lake Band has the power to make such by-law pursuant to paragraphs 31 (()(□ ). (q) and (r) of the Indian A c t AND WHEREAS K is considered expedient and necessary to provide for the preservation, protection and management o f Big Game on the reserve; NOW THEREFORE, without prejudice to Aboriginal Rights o f Self-Determination and to Treaty Six rights and powers, the Council for the Pelican Lake Band hereby makes the following by-law under the Indian A ct Short Title 1. This by-law may be cited as the * Big Game Hunting By-law on the Pelican Lake Indian Reserve." Interpretation 2. In this by-law "BancT means the Pelican Lake Band; “Big Game’ means muTe and white tail deer, moose, elk and bear together with such other vertebrate animal that is wild by nature as may be designated by way o f an amending by-law; “Coundr means the Council, as defined in the Indian Act. o f the Pelican Lake Band; “Game O fficer’ means a member o f the Royal Canadian Mounted Police and a gam e officer having exclusive (awful Jurisdiction designated by A By-Law for the preservation, protection and management o f B ig Game - 1 C T O / ^ 0 0 0 0 NT T V W flORf QfrQ otft vvj O T * o t v r r r T i T a a a ^
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06/26/2003 14:13 FAX 819 997 0034 BAND GOVERNANCE @005 _ "jUN.—0.2003 10:35AM NORTH CENTRAL REGION NO-155 P.4 By-Law No. PLB-03-B01 Council pursuant to secfion 3 o f this by-law to administer and enforce this by-law; “Hunting" means taking, wounding, killing, chasing, pursuing, worrying. capturing, following after or on the trail of, search tor, Shooting at, stalking or lying in wait for any Big Game, whether or not the game is subsequently captured, wounded or killed; “Reserve” means the Pelican Lake Reserve as It may exist from time to time and Includes all lands added to the reserve after the date o f this by-law; “Snare” means any device for the taking o f gam e whereby ft Is caught In a noose; "Take" indudes the capturing or the taking into possession o f Big Game, whether dead or alive; "Trap" means any spring trap, gin, deadfall box or net used to capture game; "Trapping" means taking gam e by a snare or trap; "Wildlife" also “Game'' means any vertebrate animal or bind, excluding fish, amphibians and reptiles, that is wild by nature, and includes deer, moose, elk, caribou and fur bearing animals; Administration 3. (1 ) The Council may, by Band Council Resolution, appoint one or more gam e officers to perform such functions In respect o f the administration and enforcement o f this by-law as are prescribed herein. (2) Then Couiidl may, in the resolution, provide for reasonable remuneration to be paid to a game officer appointed under subsection. 4. The Council may designate any game officer to perform such functions in respect to the administration and enforcement o f the by-law as are prescribed herein to be performed by a game officer. A By-Law for the preservation, protection and management o f Big Game - 2 -CTO/SOO® D NJ T V Ttf OTrO ot*.
06/26/2003 14:14 FAX 819 997 0034 BAND GOVERNANCE @006 JUK. ~a62f003 105 35PM NORTH CENTRAL REGION NO.155 P.5 By-Law No. FLB-03-B01 General Prohibition on Hunting and Trapping 5. (1) No person shall engage In hunting Big Game within the reserve except as permitted by this by-taw. (2) Notwithstanding anything in this by-law, a person may, where necessary for the prevention at a. damage to private property, or. b. Iqjury or any impending peril to occupants or persons on reserve land hunt, take, trap, snare, shoot or k3! Big Game at any time if the Incident is immediately reported, and such gam e or carcass is surrendered, immediately to the nearest game officer o ra member o f the Council. Hunting and Trapping b v ! Members 6. Notwithstanding any provision o f this by-law, members o f the band may engage in hunting and trapping within the reserve at any time pursuant to their rights under Treaty S ix Hunting Permits 7. (1) A person who Is not a member o f the Band may apply to the Council for a permit to hunt Big Game on the reserve, (2 ) . The application shall specify: a. The name, address, and age o f the applicant; b. the place for which the permit is sought; c. the species o f Big Game for which the permit is sought d. whether the hunting equipment to be used Is bow and arrow, muzzle loader or rifle; and e. such other Information as Is required to enable the Council to address the considerations set out in subsection (3) and the criteria set out in subsection (4). (3) In determining whether or not a permit should be Issued, the Council shall take into consideration: a. whether or not the applicant is a resident o f the reserve; A By-Law for the preservation, protection and management o f Big Game - 3 -CT0/900 @ ^ M T v nr n p u o o ATI. TTT T T
06/26/2003 14:14 FAX S19 997 0034 BAND GOVERNANCE @007 JUN.ifi.2003 10535AM NORTH CENTRAL REGION NO. 155 P-6 By-Law No. HJB-03-B01 b. whether or not the applicant has previously held a permit and, if so complied with the provision o f the permit and this or any previous by-law with respect to hunting; c. the extent o f the contribution, if any, the applicant agrees to contribute to the reserve; d. the number o f permits already issued for the species o f game o f which the permit is sought; and e. whether or not there is sufficient game o f the species in the reserve at the time to meet the needs o f Band members and permit holders without detrimentally affecting the population or health o f the species. (4 ) No person shall hunt on the reserve unless guided by a person approved by the Council by Band Council Resolution. (5) A subsisting guiding agreement between the permittee and the guide or guides stating the fees and a description o f the services to be rendered that is acceptable to the Councfland not Inconsistent with this by-law shall be a condition precedent to eligibility for any person who applies for a permit under this section. (6 ) W here the Council determines that a. the issue o f a permit will not detrimentally affect the species o f gam e in resect o f which the permit Is sought, and b. the applicant is a suitable person to have a permit to hunt on the reserve. In compliance with this section, the Council may issue a written permit authorizing the applicant to hunt on fee reserve, specifying therein feB time, place, type o f equipment, bag limit, size limit, and species of game that may be hunted by fee parson holding fee permit and to issue a written export permit allowing the permittee to take gam e on the Reserve .to his place o f origin. (7) The fe e for consideration o f a permit a. is Three Hundred Dollars ($300.00). b. If after consideration the permit Is refused the amount o f ($300.00) shall be returned to fee applicant. (3) A permit Issued pursuant to this section is non-transferabfo, A By-Law for the preservation, protection and management o f Big Game - 4 -CT0/100 Igj r ) NJ T V Hr r iO f t o o f j n o t *. tttt t
06/26/“'H3 14:14 FAX 819 997 0034 BAH> GOVERNANCE @008 JUN.HS.2003 10-35RM NORTH CENTRAL REGION NO. 155 P.7 By-Law *Jo. PUB-03-B01 S. A person holding a permit under subsection 7(6) shall not hunt within the reserve except in according with the terms o f the permit issued by the Council. 0. A permit issued under this by-law is invalid: a. if it is not signed by the person to whom it is issued; b. rf the date o f expiry has been omitted, removed or defaced. 10. (1) A person hunting under the authority o f a permit issued pursuant to section 7(6) shall have the permit on his person while hunting on the reserve. (2) A Band Councilor or gam e officer may at any time require any permit holder who is hunting within the reserve to produce his permit 11. The Council may, after notice and hearing , cancel the permit o f any person where it is satisfied: a. that the person has contravened the terms o f the permit or o f this by-law; or b. that the continuation o f the permit be detrimental to the preservation or protection o f Big gam e animals on the reserve. 12. The holder o f a permit obtained by any false or misleading statement or information made or given in respect to any information required for the issuance o f the permit shall be deemed to be the holder o f a void permit and the holder may be prosecuted in the same manner and with the same effect as he could be prosecuted If he were not the holder o f a permit 13. No permit shall be Issued to authorize hunting for Big Game between January 1 and August 31. 14. Notwithstanding section 13, a permit for Spring black bear may be issued between April and May 31. Prohibited Zones 16. No person shall at any time engage in hunting within the following areas o f the reserve: a. within 150 metres o f any occupied residence on the reserve; A By-Law ibr the preservation, protection and management o f Big Game - 5 -CT0/800I2] C) NT T V H fiCftp 0*0 O T f V V T
06/26/2003 14:14 FAX 819 997 0034 BAND GOVERNANCE @009 JUN,26.2003 10 ■3 6PM NORTH CENTRAL REGION NO.155 P.a By-Law No. PLB-03-B01 b. within 150 metres o f any settlement public structure or construction site on the reserve. Hunting with Firearms 16. No person while engaged In hunting shall discharge a firearm within one hundred and fifly metres oft a. a residential building; b. a public road or bridge; or c. a gam e preserve or fish sanctuary. 17. No person while engaged In hunting shall discharge a firearm; a. on or from a pubic road; b. across a public road; or c. from an aircraft or power boat Safety 18. All persons, while engaged in hunting, shall wear an orange colored cap or an orange dosed fitting head covering. 19. No person, while engaged in hunting on the reserve, shall conceal his identity or wear a mask or disguise. 20. No person while engaged In hunting or while going to or returning from a hunting camp, or while in a locality where Big Game is usually found, shall between one half-hour after sundown and one half-hour before sunrise have a firearm in his possession unless it is unloaded and encased. 21. No person, while engaged In hunting, shall have a loaded firearm in his possession while he is under the Influence o f alcohol or drugs. 22. Everyone is guilty o f the offence o f hunting carelessly who, being In possession of a firearm for the purpose o f such hunting, discharges or causes to be discharged or handles the firearm without due care and attention or without reasonable consideration for person or property. 23. Everyone b guilty o f the offence o f jack lighting who, while hunting at any time uses a searchlight, spotlight, or jadklight for the purpose o f hunting any wildlife on Pelican Lake lands. A By-Law for foe preservation, protection and management o f B ig flame - 6 -CTO /600® ^ N.T T V TAT O O O O r \ -r
06/28/2003 14:15 FAX 819 997 0034 BAND GOVERNANCE @010 JUN.£6.2003 10:36AM NORTH CENTRAL REGION NO.155 P.9 By-Law No. FLB-03-B01 24. No person shall use any poison, explosive, deleterious substance for hunting purposes. 25. No person shall use any device which connects a firearm to a trap or to a remote control or delayed-action mechanism or which causes a firearm to discharge without the hunter himself pressing upon the trigger o f such firearm. Conservation 2G. A person shall not a. destroy, injure, disturb, gather or take the nest or eggs o f any gam e bird; b. destroy or injure the shelter or habitat o f any wildlife. 27. A person who: a. foils to observe or who otherwise contravenes any provision o f this by. law or any ban or restriction Imposed hereunder; or b. resists or willfully obstructs a game officer in the performance o f any duty or in the exercise o f any power under this by-law, commits ah offence-28. W here an act or omission is in contravention o f this by-law or any ban or restriction Imposed hereunder continues for more than one day, such and act or omission shall be deemed to be a separate offence committed on each day during which it continues, and may be punished as such. Penalty 29. A person who commits an offence under this by-law is liable on summary conviction to a fine not exceeding $1,000.00 or to the imprisonment for a term not exceeding thirty days, or to both. THIS BY-LAW IS HEREBY made at a duly convened meeting o f the Council o f the Pelican Lake Band fills £15Tf ** day of TT~oy\<p 2003. VotingitTiavor g f this by-law are the following members o f Council. ZT flShfef) A By-Law for foe preservation, protection, and management o f B ig Game - 7 -CT 0/ 0 T 0 ® ^ W T V TAT OTrO o t i , T7-TT T
06/26/2003 14: JLS FAX 819 997 0034 BAM) GOVERNANCE 0 0 1 1 JUN.tiG.2003 10:36fiM NORTH CENTRAL REGION NO.155 P.10 By-LawNo. HS-03-B01 Jj.2 jA&Jz£]^*4. (Councilor) (Councilor) ~dtLdeds&L__ / S1s3jkl£dS.1 Z&&2&22Z (Councilor) (Councilor) r^ p )'f4 -r-ŷ 2 S £ £ f (Councilor) (Councilor) being the majority o f those members of council o f the Pelican Lake First Nation present at the aforesaid meeting o f the Council. The Quorum o f the Chief and Council is four (4) members. Number o f members of the ChierMja Council present at the meeting: is . K ^ ^ r ^ g F ^ ^ ^ C hiegCouncIlor o f the Pelican Lake First Nation, do hereby certify that a true copy o f the foregoing by-law was mailed to the Minister o f Indian Affairs and Northern Development set the Direct/Regional/Hull office (as the case may be) pursuant tg:saBsectiop ffi£(1) o f the Act, This 3 * ^ dav o f^ fv /nr\o .2003. Chlef/Coundlor A By-Law for the pret^rvation, protection and management o fB ig Game - 8 ̂C T O / T T O ® kl T V Til n o f i o o * .n r \ T t
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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.