v / t r n v f -Gordon's Band No. 391 By-law No. 1 o f 1997 A By-law respecting the preservation, protection and management o f w ildlife on Gordon's Reserve W H ER EA S, pursuant to section 81 o f the Indian , the council o f a band is authorized to make by-law s for certain specified purposes, including: "(o) the preservation, protection and management o f w ildlife on the band's reserve; "(q) with respect to any matter arising out o f or ancillary to the exercise o f powers under this section; and "(r) the imposition on summary conviction o f a fine not exceeding one thousand dollars or imprisonment for a term not exceeding thirty days, or both, for violation o f a by-law made under this section"; and W H EREAS the Council o f the Gordon's First Nation, being the Council o f the Band within the m eaning o f the Indian Act, considers it necessary and advisable to enact a by-law for those purposes; TH ER EFO R E, the Council o f the Gordon's First Nation enacts the following by-law: T itle 1. This By-law may be cited as the Gordon's First Nation Big Game Protection B y-law . D efin itions 2. In this By-law. (a) "Band Council" means the council o f the Gordon's First Nation; (b) "big game" includes white-tail deer, mule deer, m oose, elk, antelope and bear; (c) "hunting" means taking wounding k illing chasing pursuing worrying capturing follow ing after or on the trail of, searching for, shooting at, trapping setting snares for, stalking or lying in wait for any big game, whether or not the big game is subsequently captured, wounded or killed; - 1 -
Gordon's F irst Nation Big Game Protection By-law (d) "hunting permit" means a permit to hunt big game on the reserve issued by the Band Council pursuant to section 5 o f this By-law, (e) "licensed guide or outfitter" means a person who holds a valid and subsisting licence issued pursuant to the Gordon's First Nation Guides and Outfitters ; (f) "permit holder" means a person who holds a hunting permit; (g) "reserve" means Gordon's Indian Reserve #86, as it exists from time to time; (h) "take" includes taking dead or alive. PROTECTION OF BIG GAME C ertain unauthorized hunting prohibited 3. N o person shall hunt b ig game on the reserve with the assistance o f a licensed guide or outfitter, unless he or she obtains a hunting permit pursuant to this By-law. HUNTING PERMITS A pplication 4. Any person may apply to the Band Council for a permit to hunt big game on the reserve by subm itting to die Band Council: ’ (a) an application containing the following information: (i) the name o f the licensed guide or outfitter who w ill assist the applicant w hile hunting, as required by clause 7(b) o f this By-law, (ii) the specific location on the reserve for which the hunting permit is sought; (iii) the species o f big game for which the hunting permit is sought; (iv) the type o f hunting equipment to be used; and (v) any other information concerning the applicant’s character and suitability to hold a hunting permit that is determined by the Band Council to be relevant - 2 -
Gordon's F irst Nation B ig Game Protection By-law and necessary; and (b) a hunting permit fee o f $1,000.00. Issuance and term s 5(1) The Band Council may issue a written hunting permit to any person to hunt b ig game on the reserve for any period o f tim e between September 1 and December 31 o f each year, i f the issuing o f the permit w ill not negatively affect the species o f b ig game for w hich the permit is sought and if the applicant is a suitable person to hold a permit to hunt big game on the reserve. (2) A hunting permit shall specify the time and place, type o f hunting equipment, bag lim it, size lim it and species o f big game that may be hunted by the person to whom the permit is issued (3) A hunting permit is non-transferable. (4) A hunting permit is void i f it is: (a) obtained by arty false or misleading statement or information; (b) not signed by the person to whom it is issued; or (c) if the expiry date on the permit is omitted, removed, altered or defaced C ancellation or revocation o f hunting perm it 6(1) The Band Council may, after providing notice to the permit holder and a hearing at w hich the permit holder is able to be heard, cancel a hunting permit if: (a) the permit holder has contravened the terms o f the permit or a provision o f this B y law, (b) it is necessary to do so in order to preserve or protect b ig game on the reserve. •-i - 3 -
Gordon's F irst N ation B ig Game Protection By-law MANNER OF HUNTING BY PERMIT HOLDER R ules o f hunting 7 Every permit holder shall: (a) hunt in accordance with these by-laws and the tom s and conditions stated in the hunting permit; (b) hunt only with the assistance o f a licensed guide or outfitter, (c) cany the hunting permit at all tim es while hunting on the reserve; (d) produce the hunting permit on the request o f a member o f the Band Council or an authorized representative o f the Band Council. Prohibitions 8(1) N o permit holder shall, while hunting big game on the reserve: (a) discharge a firearm within 500 meters o f or across a residential building or a road or bridge or from a vehicle, aircraft or power boat; (b) have a loaded firearm in his or her possession while under the influence o f alcohol or druj^; (c) use any poison, explosive or deleterious substance for the purpose o f hunting; (d) conceal his or her identity or wear a mask or disguise; (e) use any device that connects a firearm to a trap or remote control or delayed action mechanism, or that causes a firearm to discharge without a person pressing the trigger o f the firearm; (f) by means o f or with the assistance o f a light; (g) using a crossbow, or (h) using an aircraft, sail boat, power boat or motorized vehicle. - 4 -
Cordon's F irst Nation B ig Game Protection By-law (2) N o permit holder shall hunt moose, deer, elk or antelope: (a) by m eans o f a trap or snare; or (b) by means or with the assistance o f or when accompanied by a dog. tyr f Prohibited areas and tim es 9(1) N o permit holder shall at any time hunt within 500 metres o f an occupied residence on the reserve or o f m y settlement on the,reserve,UosludiDg n«mp- +k i r ram p Qnd thr (2) N o permit holder shall hunt big game during the period from one-half hour after sunset & until one-half hour before sunrise. (3) During the period from one-half hour after sunset until one-half hour before sunrise, no permit holder shall have a firearm in his or her possession w hile hunting or w hile going to or returning from a hunting camp or w hile in a locality where big game is usually found, unless the firearm is unloaded and encased. C areless hunting 10 Any permit holder who, being in possession o f a firearm for the purpose o f hunting, discharges the firearm or causes it to be discharged car handles it without reasonable consideration for persons or property or without due care and attention is guilty o f a contravention o f this By-law. O ffence and penalty 11(1) Any permit holder who contravenes any provision o f this By-law or o f a condition to which a hunting permit is subject is guilty o f an offence and liable on summary conviction to a fine o f not more than $1,000.00, to imprisonment for a period o f not more than 30 days, or to both such fine and imprisonment. (2) An offence that continues is deemed to be a new offence on each day during which it continues. c^»purifAd«Agofdon\huttin£hy4 - 5 -
June 2, 1997 Moved by Councillor Jeannette Anderson Seconded by Councillor Robert P Blind That the By-law entitled " A By-law respecting the Preservation, Protection and management of Wildlife on Gordon Reserve" be made as By-Law No. 1 -1997 of the Gordon Band was passed. Number of Band Council Members present: 10 Those voting in favour of By-law No. 1 - 1997 nter Witness 1 r _ t _ _ p _ _ B _ l _ i _ n _ d _____________ Councillor Robert K Pratt C Cou 2 nc ^ il : lo _ r _ John McNab ______ illor Gerald W Cyr Councillor Helen Morris Co l u O n f c U i l l A l ^ or Jeanhette Anderson Those voting against By-Law No. 1-1997: None
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