Contenu de la décision
VAIbL't>S3> OHIAHT BAND DISTRICT - Nanaimo PROVINCE - BRITISH COLUMBIA PLACE - Anacla DATE - April 6, 1982 I.R. #12 OHIAHT BAND ON RESERVE FISHERIES BY-LAWS This Bylaw is passed pursuant to section 81 of the Indian Act, at the regular band meeting on April 5, 1982. POSITION ESTABLISHED 1. The position of Band Fisheries Conservation Officer is hereby established. This shall be a paid position. The salary for this position shall be established by the Band Council and shall be paid from Band funds. The position is to be filled by resolution of the Band Council and the person so appointed shall serve until removed from office by the Band Council. In the case of vacancy in this posi tion, the Band Manager shall perform the duties and functions assigned to the Band Fisheries Conservation Officer. POWERS AND DUTIES OF BAND FISHERIES CONSERVATION OFFICER 2. (a) The Band Fisheries Conservation Officer shall determine, according to best information available to him, the capacity of the waters on each of the Band's reserves to sustain production of fish. (b) The Band Fisheries Conservation Officer may close any area for fishing for any period of time he considers appropriate in the interests of conser vation. (c) The Band Conservation Officer shall prohibit any gear type he considers inappropriate for any location. (d) The Band Fisheries Conservation Officer shall enforce this Bylaw. (e) The Band Fisheries Conservation Officer shall collect statistics on all fish caught or sold under this Bylaw.
PERMIT TO FISH 3. The Band Council may issue a permit to a person who is not a member of the OHIAHT BAND entitling that person to fish on reserve. OPENING AND CLOSURES 4. The Band Council shall designate openings and closures for the on Reserve Fishery. ASSISTANT BAND FISHERIES CONSERVATION OFFICER 5. The Band Council may appoint one or more Fisheries Conservation Assistants, these shall be paid positions. The salary for these positions shall be established by Band Council, and shall be paid from Band funds. These assistants shall; (a) under the direction of the Fisheries Conser vation Officer carry out work to monitor, administer, and enhance the fisheries; and (b) in the absence of the Band Conservation Officer have all powers under Section 2. NOTICE 6. No opening or closure under Section 4 and no closure under Section 2(b) or prohition under Section 3 (c) shall take effect until notice of the closure or prohibition is posted near the place at which the closure or prohibition is to take effect. GENERAL CLOSURE 7. No person shall fish on reserve except as permitted by this bylaw GENERAL PROHIBITION 8. It is an offence against this Bylaw for any person who is not a member of the OHAIHT BAND to fish on reserve without a permit issued pursuant to Section 3. OFFENCE concraven cion of a closure or a prohibition under this Bylaw.
MARKING OF GEAR 11. All gear for fishing shall be attended at all times while in use, except that gear may be left unattended when in use if clearly labelled with owners name. Failure to label gear according to this section is an offence under this Bylaw. PENALTIES 12. Maximum penalty for commission or an offence under this Bylaw shall be: (a) A fine of $10. or imprisonment for 3 days for the first offence in any calendar year; and (b) A fine of $100. or imprisonment for 30 days or both for the second offence in any calendar year. ADDITIONAL PENALTIES 13. In addition to, or in alternative to the penalties set out in paragraph 12 above, the Band Fisheries Conser vation Officer may prohibit any person who has committed any offence under these Bylaws from fishing on reserve for any portion of the calendar year following the year in which the offence was committed. Such a prohibition becomes effective as soon as it is communicated to the individual who is subject to the prohibition. Any violation of the prohibition is also an offence under this Bylaw. COOPERATION WITH FEDERAL FISHERIES 14. The Band Fisheries Conservation Officer, the Fisheries Conservation Assistants, and such other persons as the Band Council may appoint, together with as many persons as the Minister of Fisheries & Oceans shall appoint (not to exceed the number appointed by the Band Council), constitute a joint management committee, with power to make recommenda tions to the Band Council concerning the fishery. SALE OF FISH 16. Any fish caught under this Bylaw may be sold to any person, provided that the person selling the fish reports the number of fish sold to the Band Fisheries Conservation Officer.
BAND COUNCIL MAY OVERRULE 17. The Band Council may overrule any decision of a Band Fisheries Conservation Officer made pursuant to the Bylaw. Arthur Peters Chief Ralph Johnson Councillor
Vous allez être redirigé vers la version la plus récente de la loi, qui peut ne pas être la version considérée au moment où le jugement a été rendu.