1BY-LAWNO. <2 0 1 0 - 0 °! OF THE MISTAWASIS FIRST NATION A BY-LAW FOR THE PRESERVATION PROTECTION AND MANAGEMENT OF BIG GAME AND ESTABLISHMENT OF TERMS FOR OUTFITTERS WHEREAS the Chief and council of the Mistawasis First Nation desires to make a by-law governing the operation of Big Game outfitting for the preservation, protection and management of Big Game on the First Nation. AND WHEREAS the Chief and Council of the Mistawasis First Nation has the power to make such bylaw pursuant to paragraphs 81 (1), (o), (q) and (r) of the INDIAN ACT. AND WHEREAS it is considered to be expedient and necessary to provide for the preservation, protection and management of the Big Game on the First Nation. NOW THEREFORE the chief and council of the Mistawasis First Nation hereby make the following By-law. Short Title 1. This by-law may be cited as the “Outfitting” By-law on the Mistawasis First Nation. Interpretation 2. In this By-law; “Band” means the Mistawasis First Nation “Big Game” means deer, moose, elk, bear and buffalo, together with such other vertebrae animals that are wild by nature as may be designated by resolution of the Chief and Council. “Chief and Council” means the Chief and Council of the Mistawasis First Nation. “First Nation” means Mistawasis First Nation as it may exist from time to time and includes all land added to the First Nation after the date of this By-law. “Game Bird” means ducks and geese and includes those birds listed in the Migratory Birds Convention Act.
“Hunting” means taking, wounding, killing, chasing, pursuing, worrying, capturing, following after or on the trail of, search for, shooting at, stalking or lying in wait for any Big Game, whether or not the game is subsequently captured, wounded or killed. “Officer” means police officer, police constable or other person charged with any duty to preserve and maintain 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 First Nation. “Outfitter” means a person or company which conducts guided hunting trips for clientelle in an area clearly described as, “within the boundaries of the Mistawasis First Nation”. “Predator” means fur bearing animals that prey on Big Game, such as coyotes, fox, wolves, etc. “Take” includes the capturing or the taking into possession of Big Game, whether dead or alive. Administration 3. The Chief and Council may designate, by resolution, one or more resource officers to perform such functions in respect to the administration and enforcement of this By-law as are prescribed herein. Outfitter 4. The First Nation will place no limits on the outfitter in regards to any other activities for outfitting and guided purposes. Other activities include, but not limited to horse rides, trail rides, camping, fishing or other sporting activities. The outfitter will be allowed to take any number of clients so long as the hunting limits set out in the agreement with the First Nation are not breached. The outfitter will be allowed to have clientele hunt migratory birds (ducks and geese). The outfitter will work within the Migratory Bird Convention on bird shot and hunt dates. The hunter will have the right to hunt migratory birds on Sunday. Species 5. An Outfitter will be allowed to purchase licenses for any Big Game species found within the boundaries of the Mistawasis First Nation.
Dates 6. Hunting for all Big Game species will be within the fixed opening and closing dates for any particular year and which will be open to muzzle loader, archery, rifle and crossbow. Hunting Time 7. Hunters will be allowed to hunt between one half hour before sunrise until one half hour after sunset. Baiting 8. Baiting for the purpose of hunting and viewing of Big Game species and Predator Control will be allowed on these lands. There will be no set amount of bait to be used as this is a quality food source. Appropriate Attire 9. Clientelle will wear the proper hunting colors (other than Camouflage) when walking or stalking but will have a choice when sitting in a tree stand, deer hut or ground blind. Clients and Guides plus other individuals involved with the outfitting operation may use camouflage clothing Firearms 10. The Federal Firearms Legislation will be adhered to by the hunter. All Terrain Vehicles 11. Any type of four wheel drive vehicles, trucks or cars will be used for transportation only while hunting, with the exception of retrieving legally killed Big Game animals. Violations 12. Anyone who fails to comply with the provisions of this By-law commits an offence that is subject on summary conviction to a fine not exceeding $1000.00 (one thousand dollars). Licenses 13. The outfitter must purchase licenses from the Band for each client.
Each Big Game license will be a fee of $300.00 (Canadian) and must be purchased before hunting season. Each client must carry their license with them while hunting for proof of legal hunting. A tag must be attached to the carcass of the animal immediately upon taking possession of game. The tag must show date the animal was killed and the name of the hunter who killed it. In the event that the carcass is separated from the hide, a tag bearing information must be attached to each item. Insurance 14. The Outfitter must prove there is “Liability” insurance available. Amendment 15. Bylaw <9*$/V'O*! may be open to amendments in regards to Outfitting and agreed upon by both parties. THIS BY-LAW IS HEREBY made at a duly convened meeting of the Chief and Council of the Mistawasis First Nation this day of 2010 Voting in favor of this By-law are the following members of Council: Councilor Clinton Johnstone Councilor Christopher Pechawis
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