Contenu de la décision
i ’ : v » (Si*— Red Earth Cmee Nation AUG 0 1 2003 By-Law No. 01-2803 ■i i. ,■ :ai . ri . !; - r»f <() >■ p [ n m ■ i A By-law for the protection, preservation and management of gamejpft^ire'Jfed Earth ? P ! and Carrot River Indian Reserves. Whereas, pursuant to section 81 of the Indian act, the council of a band is authorized to make by-laws for certain specified purposes, including: (o) The preservation, protection, and Management of wildlife on the bands reserve; (g) With respect to any matter arising out of or ancillary to the Exercise of powers under this section and; (r) The imposition on summary conviction of a fine not exceeding one thousand dollars or imprisonment for a term not exceeding thirty days or both for violation of a by-law under this section; And whereas the council of the Red Earth Cree Nation, being the council for the band within the meaning of the Indian Act, considers it necessary and advisable to enact a by-law for those purposes: Therefore, the Chief and Council of the Red Earth Cree Nation Enacts the Following By law: Title 1. This by-law may be cited as the "Red Earth Cree Nation Hunting By-law" Definitions 2. In the By-Law *• (a) "Band" means the Red Earth Cree Nation (b) "Game" means deer, moose, elk, bear, and any other vertebrate animal wild by nature and/or being designated so by the council. (c) "Council" means the council of the Red Earth Cree Nation (d) "Hunting" means taking, wounding, Killing, Chasing, Pursuing, worrying, Capturing, following after or on the trail of, searching for, shooting at, trapping, setting snares for, stalking or lying in wait for any game whether or not the game is subsequently captured, wounded or killed; (e) "hunting permit" means a permit to hunt game on the reserve issued by the Council pursuant to section 5 of this By-Law; (f) "licensed guide or outfitter" means a person who holds a valid or subsisting license issued by the Red Earth Cree Nation; • n k i
(g) "member" means a treaty Indian recognized as a registered member of the Red Earth Cree Nation who has not professed membership in another Band; (h) "officer" means a person, including a police officer or other person authorized by the council to enforce the provisions of this By-Law; (i) "permit holder" means a person who holds a hunting permit; (j) "reserve" means the Carrot River Indian reserve 29A and the Red Earth Indian reserve 29. (k) "take" includes taking dead or alive. Protection of Game Certain unauthorized hunting prohibited. 3. No person shall hunt game on the reserve unless he/she obtains a hunting permit or Is exempted from the requirement of obtaining a permit under the terms of this by-law. 4. any person may apply to the council for a permit to hunt game on the reserve by submitting to the council; a) An application containing the following information: I. The name of the licensed guide or outfitter who will assist the applicant while hunting as required by clause 8(b) of this bylaw. II. The specific location on the reserve for which the hunting permit is sought; III. The species of game for which the hunting permit is sought; IV. The type of hunting equipment to be used; and V. Any other information concerning the applicants character and suitability to hold a hunting permit that is to determined by the band council to be relevant and necessary; b) a hunting permit fee of:, I. $300.00 (U.S.D. if applicable) in the case of a permit to hunt moose. II. $300.00 (U.S.D. if applicable) in the case of a permit to hunt elk. III. $150.00 (U.S.D. if applicable) in the case of a permit to hunt deer. IV. $150.00 (U.S.D. if applicable) In the case of a permit to hunt bear. V. In the case of any other animal designated by council in such amount as may be determined by the council; and VI. The hunting permit fee shall be non-refundable unless the council declines to issue the hunting permit; c) the council may vary the hunting permit fee on an annual basis by resolution, provided that any variation in the permit fee shall be posted at the band office at least thirty (30) days prior to the change coming into force and provided further that the amended permit-fee shall not be applied to any application for a permit filed prior to the date when the change in-the permit fee has been posted at the band office. Issuance and terms
5.1) the council may issue a written hunting permit to any person to hunt game on reserve for any period of time between April 1 and December 31 of each year, if the issuing of the permit will not negatively affect the species of game for which the permit is sought and if the applicant is a suitable person to hold a permit to hunt game on the reserve, 2) a hunting permit shall specify the time and place, type of hunting equipment, bag limit, size limit and species of 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 if it is; a) obtained by any false or misleading statement'or information or b) Not signed by the person to whom it is not issued or c) The expiry date on the permit is omitted, removed, altered or defaced. Cancellation or suspension of hunting permit 6.1) the council may, after providing notice to the permit holder and a hearing at which the permit holder is able to be heard, cancel a hunting permit if: a) The permit holder has contravened the terms of the permit or a provision of this by-laW; b) . is necessary to do so in order to preserve or protect game on reserve. 2) the council may, by resolution, suspend a permit pending the conduct of the hearing. If a permit is suspended, the permit holder shall upon receipt of notice of the suspension be deemed, during the period of suspension, not to have a hunting permit. Hunting by Members 7. members of the band may engage in hunting within the reserve without obtaining a permit. Manner of hunting by permit holder Rules of hunting 8. every permit holder shall: a) Hunt in accordance with this by-law and the terms and conditions stated in the hunting permit; b) Hunt only with the assistance of a band licensed guide or outfitter; c) Carry the hunting permit at all times while hunting' on the reserve; d) Produce the hunting permit at the request of an officer, member of the councilor an authorized representative of the council. Prohibitions
9.1) No person shall, while hunting game on the reserve: a) Discharge a firearm within 500 meters of 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 of alcohol or drugs; c) Use any poison, explosive or deleterious substance for the purpose of 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 of the firearm; f) Hunt by means of or without the assistance of a light; g) Use a cross bow; or h) Use an aircraft, sailboat boat, power boat or motorized vehicle. 2) no person shall hunt moose, elk, deer, or bear; a) By means of traps or snare; or b) By means or with the assistance of or when accompanied by a dog. Prohibition areas and times 10.1) No person shall at anytime hunt within 500 meters of an occupied residence on the reserve or of any settlement on the reserve; 2) no person shall hunt game during the period from one half hour after sunset until one hour after sunrise; 3) during the period from one half after sunset until one hour after sunrise, no person shall have a firearm in his or her possession while hunting or while going to or returning from a hunting camp or while in a locality where game is usually found unless the firearm is unloaded and encased. Careless hunting 11. any person who, being in possession of a firearm for the purpose of hunting, discharges the firearm or causes it to be discharged or handles it without reasonable consideration for persons or property or with out due care and attention is guilty of a contravention of this by-law. Protected species 12. no person shall at any time engage in the hunting of any species which may be from time to time, be designated by resolution of the council a protected species. 13.1) the council may designate a species of game as a protected species and impose a temporary ban or restriction on the hunting of any species of game under section 12, by giving notice in accordance with subsection (2 ) and (3).
2) Notice of the ban or restriction shall be posted not less than 24 hours prior to the ban or restriction coming to force: a) In conspicuous places in areas of the reserve in which hunting is engaged in; and b) In the office of the council ■" ^3-Hhe-notice shali specif/ the date and time the ban or restricbonis to come into force and to cease, and the particular of the ban or restriction improved; 4) no ban or restriction imposed under this section shall remain in force for a period of more than thirty days, unless a further ban or restriction is imposed and further notice is given in accordance with sub sections (2 ) and (3). Offence and penalty 14.1) Any persons who contravenes any provision of this by-iaw or of a condition to which a hunting permit is subject is guilty of an offence and liable on summary conviction to a fine of not more than $1,000.00, to imprisonment for a period of not more than 30 days or both such fine and imprisonment 2) An offence that continues is deemed to be a new offence on each day during which it continues. Moved B y __ Seconded by That the by-law entitled "a by-law for the preservation, protection, and management of wildlife on Red Earth Cree Nation Reserve" be made as by-law No. 01-2003 of the Red Earth Cree Nation was passed. Number of council members present: JL. Those voting in favour of By-law No. 2003 n • — T A l l
t7fL/ _ Member of the Council Member of the Council Member of the Council / Member of the Council Being the majority of those members of the council of the Red Earth Cree Nation present at the aforesaid meeting of the council The quorum of the council is three members. Number of members of the council present at the meeting J? ________ ^ ZOL. _________ Chief and council of the band do hereby certify that a true copy of theToregoing Bwlaw was mailed to the minister of Indian Affairs and Northern development a tth e r / v ^ c * . office of the department pursuant to subsection 82(1) of the Indian Act. this 3* tL day of , 2003.
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