HUNTING AND TRAPPING BY-LAW KEESEEKOOSE FIRST NATION
BYLAW # O 3 ~ \ OF THE KEESEEKOOSE FIRST NATION WHEREAS the Council o f the Keeseekoose First Nation is desirous o f making a Bylaw for the preservation, protection and management o f Big Game, Fur Bearing Animals and Upland Birds on Keeseekoose First Nation Lands, matters ancillary thereto, and penalties for the violation thereof; AND WHEREAS the Council o f the Keeseekoose First Nation has the power to make such Bylaws pursuant to paragraph 81(l)(o),(q) and (r) o f The Indian Act R.S.C. 1985, c. 1 - 5, as amended from time to time; AND WHEREAS the Council o f the Keeseekoose First Nation considers it expedient and necessary to provide for the preservation, protection and management o f Game and Fur Bearing Animals on Keeseekoose First Nation lands and lands acquired through the Treaty Land Entitlement process; AND WHEREAS the Council o f the Keeseekoose First Nation will appoint a designated authority to sign and distribute all Big Game, Fur Bearing Animals and Upland Birds permits; NOW THEREFORE the Council o f the Keeseekoose First Nation hereby enacts the following bylaw; u
TABLE OF CONTENTS Short Title Interpretation Administration General Prohibitions on Hunting and Trapping Hunting and Trapping by Band Members Hunting and Trapping Permits Game Preserves and Sanctuaries Prohibited Hunting and Trapping Areas Hunting with Firearms Protected Species Conservation Rules o f Hunting and Trapping Restricted Firearms Outfitting and Guide Prohibition Hunting Clothing Enforcement Penalty Enactment in1 1 2 3 3 3 6 6 7 7 8 8 9 9 9 9 10 11
Short Title 1. This bylaw may be cited as the “Hunting and Trapping by-law o f the Keeseekoose First Nation 2. (1) In this bylaw, the following words and phrases shall have the meanings ascribed thereto: a) “Act” means The Indian Act, R.S.C. 1985 c. 1 - 5 as amended or replaced from time to time and any reference to a section o f The Indian A ct shall include that section as amended from time to time; b) “Band” means the Keeseekoose Indian Band No c) “Council” means the Council o f the Band as defined in the Act, as duly elected by the Members o f the Keeseekoose First Nation; d) “Fur Bearing Animal” includes a bear, fox, beaver, mink, otter, muskrat, raccoon, weasel, bobcat, lynx, coyote, squirrel and varying hare along with any other Fur Bearing Animal as may be designated by resolution o f the Council; e) “Game” means any vertebrate animal, Fur Bearing Animal or bird excluding fish, amphibians and reptiles that are wild by nature and include, without restricting the generality o f the foregoing, deer, moose, elk and antelope along with any other species o f Game as may be designated by resolution o f the Council; f) “Game Officer” means any person or persons appointed by resolution o f the Council to administer and enforce this bylaw as provided for in Article 3 hereof; g) “Hunting” means the taking, wounding, killing, chasing, pursuing, capturing following after or on the trail of, searching fo r , shooting at, stalking or lying in wait for any Game whether or not the Game is subsequently captured wounded or killed; h) “Member” means a Member o f the Band within the meaning o f the Act, and unless otherwise provided for herein, shall include all registered Members recorded on the Department o f Indian Affairs and Northern Development Indian Resister in respect o f the Band; i) “M otorized vehicle” includes a motorized conveyance, trailer, tractor, snowmobile, all-terrain vehicle or any other conveyance that is drawn, propelled or driven by any mechanical means and includes any accessory attached to the vehicle. 1
j) “Officer” means a police office, police constable or other person charged with the duty to preserve and maintain the public peace including any person appointed by the Council for the purpose o f maintaining law and order on Keeseekoose First Nation lands; k) “Keeseekoose First Nation lands” includes all lands administered by the Band including, without restricting the generally o f the foregoing, all Reserve lands o f the Keeseekoose Indian Band, all lands as may be added to the Reserve following the date o f this bylaw and all lands derived or acquired by the Keeseekoose First Nation under any Treaty Land Entitlement, specific claims or other similar processes; l) “snare” means any device for the taking o f Game whereby it is caught in a noose; m) “take” includes the capturing or the taking into possession o f Game whether dead or alive; n) “trap” means any spring trap, deadfall bow or net used to capture Game; o) “trapping” means the taking o f Game by snare or trap; p) “permit” means authority granted to permit holder to harvest Game on Keeseekoose First Nation Lands; q) “client” means a person who has obtained a hunting permit under the Keeseekoose First Nation Hunting and Trapping Band Bylaw and is required to use the oufitting services and guide services provided under the direction o f this bylaw; r) “outfitting agreement” means an agreement entered into between a client and the Keeseekoose First Nation; s) “outfitting services” means the provision o f guiding services and guiding services and equipment where provided by the Keeseekoose First Nation; t) “guiding service” means the service o f direction, assistance, guidance or expertise where provided by the Keeseekoose First Nation; u) “designated authority” means person assigned the signing authority to validate Keeseekoose First Nation Game permits; v) “hunting season” means September 1 to December 31 o f any given year Administration 3.(1) The Council may be resolution appoint one or more Game Officers to perform such functions in respect o f the administration and enforcement o f this bylaw as are prescribed herein. 2
(2) The Council may in the resolution provide for reasonable remuneration to be paid to a Game Officer or person designated authority appointed under subsection (1). General Prohibitions on Hunting and Trapping 4. (1). No person shall engage in the hunting or trapping o f Game on Keeseekoose First Nation lands except as permitted by this bylaw. (2) Notwithstanding anything in this bylaw, a person may, where necessary for the preservation of: a) damage to private property, livestock or other domestic animals; or b) injury to occupants o f occupied Keeseekoose First Nation Lands. Hunt, take, trap, snare, shoot or kill Game at any time provided the incident is immediately reported to the Band Council and such Game or carcass is surrendered to the nearest Game Officer or Officers. Hunting and Trapping bv Band Members 5. (1) Subject to the provisions o f this bylaw, Members o f the Band may engage in hunting or Trapping on Keeseekoose First Nation lands at any time. 5. (2) Save and except for the application o f the provisions o f subsection (1) above along with the provisions o f article 6 respecting the issuance o f hunting and trapping permits, al remaining provisions o f this bylaw shall apply equally to Band Members. Hunting and Trapping Permits 6. (1) A person who is not a Member o f the Band may apply to the Council for a permit to hunt or trap Game on Keeseekoose First Nation lands. (2) Every application for a permit shall specify: a) the name, age and address o f the applicant; b) whether the applicant has attended and completed a hunting safety course; c) whether the applicant has ever been convicted o f any offences involving hunting or the use o f firearms; d) the dates and locations for which the permit is sought; e) the species o f game for which the permit is sought; f) the specific type o f hunting equipment to be used; and g) such other information as may be required by Council. (8) 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 Keeseekoose First Nation 3
b) whether or not the applicant has previously held a permit and if so, has complied with the provisions o f the permit; c) the number o f permits already issued for the species o f Game for which the permit is sought; and d) whether or not there is sufficient Game o f that species on Keeseekoose First nation lands at the time o f the application to meet the needs o f Members and permit holders without detrimentally affecting the species. (5) Prior to the commencement o f the hunting and trapping seasons in each year, Council shall by resolution prescribe the fees to be payable with respect to the obtaining o f hunting and trapping permits by non-Band Members. (6) Every applicant for a permit shall: a) submit the application to the Council; b) include in the application all information or materials as may be required by Council pursuant to the provisions hereof; and c) submit to the Council the fee in the amount prescribed by Council in accordance with the provisions o f subsection ( 4) hereof. (7) Where an application is received by the Council, the Council may: a) issue to the applicant a permit to hunt or trap Game on Keeseekoose First Nation lands where the Council is satisfied that: i) the issuance o f a permit to the applicant will not detrimentally affect the species o f game in respect o f which the permit is sought; ii) the applicant is a suitable person to have the permit issued; and iii) the applicant has paid the prescribed fee as required in accordance with the provisions o f subsection (4) hereof; or a) refuse to issue the permit. (4) Council may include as a provision o f the permit any term or condition that Council considers appropriate. (5) Every permit issued shall be signed by a designated authority official on behalf o f the Council and shall specify therein the time, place, type o f equipment, bag limit, size limit, and species o f game that may be hunted or trapped by the person holding the permit along with the duration for which the permit is to be in effect. Hunting period shall normally be for the period o f 1 week commencing on Monday sunrise(l/2 hour before sunrise) and end on the same week Saturday sundown(l/2 hour after sunset). (6) Notwithstanding anything to the contrary herein contained, the Council may from time to time issue special permits which would allow non-band Members to hunt or trap on Keeseekoose First Nation lands under the supervision o f trained outfitters and guides. The provisions respecting the granting o f 4
permits as provided for hereunder shall apply equally to the granting o f special permits by Council. (7) Council may by resolution affix the rates payable to the Band with respect to the provision o f trained outfitters and guides. All costs associated with respect to the provision o f guiding and outfitting service provided to an applicant shall be borne exclusively by the applicant. (8) Any permit issued to an applicant shall be non-transferable. a) no person shall hold more than one permit per game species in a hunting season. b) No person shall hunt coyotes or fox unless they hold a predator permit (9) A person holding a permit issued under this bylaw shall not hunt or trap on Keeseekoose First Nation lands except in accordance with the terms o f the permit as issued by the Council. (10) A permit issued under this bylaw is invalid: a) if it is not signed by a person o f designated authority to whom it is issued; or b) if the date o f expiry has been omitted, removed or defaced. (11) A person hunting or trapping under the authority o f a permit issued pursuant to this bylaw shall be required to have the permit on his person at all times while hunting or trapping on Keeseekoose First N ation lands. (12) A band Councilor, Game Officer or officer may at any time require any permit holder who is hunting or tapping on Keeseekoose First Nation lands to produce their permit for inspection. (13) W here it has reasonable grounds to believe that a person to whom a permit has been issued has contravened the terms o f the permit or this bylaw, or that the continuation o f the permit would be detrimental to the preservation or protection o f game on Keeseekoose First Nation lands, the Council may after giving the permit holder, as the case may be, the opportunity to be heard, revoke, suspend or cancel the permit granted to the permit holder. (14) Copies o f all decisions made by Council pursuant to subsection (16) hereof shall be provided to all Game Officers upon issuance by Council. (15) The holder o f a permit obtained by any false or misleading statement or information made or given in respect o f 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. (16) For the purpose o f regulating the conducting o f hunting and trapping on Keeseekoose First Nation lands, the Council may be resolution: 5
a) set the hunting and trapping seasons for any particular species o f Game and prescribe the time during the course o f any year upon which hunting or tapping o f Game may or may not be engaged in, as the case may be, by non-Band Members; and b) adopt any policies or procedures regulating or governing the conducting o f hunting or trapping on Keeseekoose First Nation lands as may be deemed necessary by Council. (17) Copies o f all resolutions and/or policies adopted by Council pursuant to the provisions o f subsection (19) hereof shall be: a) posted in conspicuous places throughout Keeseekoose First Nation lands in which hunting and trapping is engaged; b) posted at the offices o f the Council or such other place as may be designated by Council; and c) provided to each applicant upon issuance o f a permit as provided for under this bylaw. Game Preserves and Sanctuaries 7. (1) Council may be resolution designate any portion o f Keeseekoose First Nation lands as a Game preserve or sanctuary for any species o f Game. (2) notice o f the location o f all Game preserves and sanctuaries as designated by Council shall be: a) Posted in conspicuous places throughout Keeseekoose First Nation lands in which hunting or trapping is engaged in; b) Posted at the office o f the Council or such other places as may be designated by Council; and c) Provided to each applicant upon issuance o f a permit as provided for under this bylaw. Prohibited Hunting and Trapping Areas 8 . (1) No person shall at any time engage in hunting or trapping within the following areas; a) within 150 meters o f any occupied residence on Keeseekoose First Nation b) within 150 meters o f any settlement on Keeseekoose First Nation lands which, without restricting the generality o f the foregoing, shall include the Keeseekoose First Nation commercial mall, Keeseekoose Community Education Centre, Band Administration Office or any other public building or complex situated on the Keeseekoose First Nation Lands. c) on lands with standing crops; d) on lands in which herds o f domesticated livestock are pastured or stored; or e) on any Game preserve or sanctuary as established by the Council in accordance with the provisions o f subsection 7(1) hereof. 6
Hunting with Firearms 9. (1) No person while engaged in hunting shall discharge a firearm within 150 meters of; a) any occupied residence, building or settlement as referenced in subsection 8 (l)(a ) and (b) hereof; b) a public road or bridge; or c) any Game preserve or sanctuary as established by the Council in accordance with the provisions o f subsection 7(1) hereof. (2) No Person engaged in hunting shall discharge a firearm: a) on or from a public road or bridge; b) across a public road or bridge; or c) from a motorized vehicle, aircraft or boat. (2) Unless otherwise provided for herein or in any permit issued pursuant to this bylaw, no person while engaged in hunting on Keeseekoose First Nation lands shall conceal his identity or wear a mask or disguise. (3) No person while engaged in hunting or trapping or while going to or returning from a hunting camp or while in a locality that Game usually inhabits or in which Game is usually found, shall between one half hour after sundown and one half hour before sunrise have a firearm in their possession unless it is unloaded and encased. (4) No person while engaged in hunting or trapping shall operate or have in their possession a loaded firearm while that person is under the influence o f alcohol or drugs or while that person is in operation o f a motorized vehicle, aircraft or boat. (5) Every person is guilty o f the offence o f hunting carelessly who being in possession o f 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. (6) No person shall use any poison, explosive or deleterious substance for hunting or trapping purposes. (7) 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. Protected Species 10 . (1) The Council may be resolution designate a species o f Game as a protected species and impose a temporary ban or restriction on the hunting or trapping o f any species o f Game by giving notice in accordance with provisions o f this section. (1) Notice o f the ban or restriction shall be posted not less than 24 hours prior to the ban or restriction coming into force. 7
(2) Notices o f the ban or restriction shall be: a) posted in conspicuous places throughout Keeseekoose First Nation lands in which hunting or trapping is engaged in; b) posted at the offices o f the Band Council or such other places as may be designated by Council; and c) provided to each applicant, where applicable, upon issuance o f a permit as provided for under this bylaw; (4) The notices shall specify the date and time the ban or restriction is to come into force and to cease the particulars o f the ban or restriction imposed. Conservation 11.(1) No person shall at any time: 1) disturb, destroy, injure, gather or take the nest or eggs o f any bird; or 2) disturb, destroy or injure the shelter or habitat o f any Game; without permission first having been obtained from the Council or a Game Officer. Rules of Hunting and Trapping 12; (1) No person shall: a) engage in the hunting or trapping o f game within a Game preserve or sanctuary as designated by Council pursuant to the provisions o f subsection 7(1) hereof; b) engage in the hunting or trapping o f any species o f Game designated by Council as a protected species; c) engage in the hunting o f deer, bear, moose, elk or antelope by means o f a trap or snare; d) attem pt to kill any species o f Game by use o f any poison, explosive or deleterious substance; e) engage in the hunting or trapping o f Game in any day later than one half hour after sunset or earlier than one half hour before sunrise; f) engage in the hunting or trapping o f Game by means o f or with the assistance o f a light; g) use a motorized vehicle, aircraft or boat in connection with hunting or trapping except as a means o f transportation before and after any hunting activities; or 8
h) engage in the hunting or trapping o f Game using a restricted firearm as may be prescribed by resolution o f Council in accordance with the provisions o f subsection 13(1) hereof. i) hunt while under the influence o f alcohol, a minimum o f a 12 hour since last alcohol consumption will be applied; Restricted Firearms 13 .(1) Council may by resolution designate a class or classes o f firearms as restricted firearms which may not be used in conjunction with hunting activities on Keeseekoose First Nation lands. (2) Copies o f all resolutions adopted by Council pursuant to subsection 3 hereof shall upon issuance be provided to all Game officers for their records. Outfitting and Guide Prohibition 14. (1) No person shall, without the authority o f the Keeseekoose First Nation Chief and council: a) act as an outfitter or guide; or b) advertise or promote outfitting services on the Keeseekoose First Nation lands and or Treaty Land Entitlement Lands o f the Keeseekoose First Nation. Hunting clothing 15. (1) All hunters shall wear orange, red, white and or camouflage clothing for the purpose o f hunting, this will include a cap or touque. Enforcement 16. (1) Any person who: a) fails to observe or who otherwise contravenes any provision o f this bylaw or any ban or restriction imposed hereunder; or b) resists or willfully obstructs a Game officer or officers in the performance o f any duty or exercise o f any power under this bylaw; c) shall be deemed to have committed an offence under this bylaw. (2) W here an act or omission in contravention o f this bylaw or any ban or restriction imposed hereunder continues for more than one day, such act or omission shall be deemed a separate offence committed on each day during which it continues and may be enforced as such. (3) A Game Officer or officer may seize with out warrant: a) any game that has been hunted or trapped in violation o f this bylaw or permit issued hereunder; and 9
b) any firearm or other weapon or trapping equipment that has been used in contravention o f the provisions o f this bylaw or permit issued hereunder. (3) Where a Game Officer or officer believes on reasonable and probable grounds that a person is committing or has committed an offence under this bylaw he may, without warrant, stop any motorized vehicle, aircraft, boat or other means o f transportation o f any description upon signal and search it for Game or any prohibited equipment provided for under this bylaw. Penalty 17. (1) A person who commits an offence under this bylaw is liable on summary conviction to a fine not exceeding $1000.00 or to imprisonment o f a term not exceeding thirty days, o r to both. 10
Enactment 18. (1) This bylaw is hereby enacted by the Council o f the Keeseekoose Indian Band at a duly convened meeting held on the / '- f day o f OClT> BF(2 ,2003. Voting in favor o f the bylaw are the following Members o f the Council: Councilor Alvin Musqua Councilor Wayne Wapach Being the majority o f those members o f the Council o f the Keeseekoose Indian Band No • 2 b J present at the aforesaid meeting o f the Council. The quorum o f the Council is 7 members. Number o f Members o f the Council present at the meeting: I, Phillip Quewezance Chief o f the Band, do hereby certify that a true copy o f the foregoing bylaw was mailed to the M inister o f Indian Affairs and northern Development at the Saskatchewan District/Regional office pursuant to subsection 82(1) o f The Indian Act, this / ^ day o f ccmseK >2003. Witness Chief Phillip Quewezance 11
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.