Chapter
13. Hunting and Fishing
Legislative History.
This chapter of the Law & Order Code was originally enacted by the
Tribal Council on May 24, 1988 as chapter 12. On June 10, 1988, the
Agency Superintendent approved the chapter as prepared. On August 22,
1988, the Area Director, by telephone, notified the Agency and Tribe
that it was rescinding the Agency's approval because one or more provisions
interfered with the Secretary's discretionary powers. On September 13,
1988, the Tribal Council re-enacted chapter 12 as chapter 13 after making
the changes suggested by the Area Director.
Sec. 1. Legislative Intent.
As a result of cooperative efforts with the state of Nevada Department
of Wildlife, it is possible for the Fort McDermitt Tribe to obtain wild
California Big Horn Sheep for future economic development since the
Oregon lands of the Tribe are considered extremely good habitat for
California Big Horn Sheep. For example, in 1987 the state of Nevada
auctioned one tag to hunt a Desert Big Horn Sheep ram for $54,000. Mr.
Richard Heap, Region 1 Manager, Department of Wildlife, estimates conservatively
that the Tribe could auction one tag to hunt a California Big Horn Sheep
ram for $25,000 each hunting season.
Mr. Heap is under the impression that Oregon wildlife officials would
likely place several restrictions on the introduction of California
Big Horn Sheep on the Tribe's Oregon lands, to-wit: no hunting of California
Big Horn Sheep for a five year period and that the Tribe possess the
ability to manage the sheep. Mr. Heap has offered the services of the
Nevada Department of Wildlife, through a Cooperative Management Agreement,
whereby his department could provide free technical management assistance
to the Tribe in return for such services the Tribe would agree to introduce
excessive sheep populations off the reservation within the state of
Nevada, thereby resulting in a benefit to the citizens of the Fort McDermitt
Tribe and the state of Nevada. Management assistance is also available
to the Tribe through the American Indian Natural Resource Association
which provides low-cost technical assistance.
In anticipation
of the planting of such wild sheep and free technical assistance being
offered by the state of Nevada, part of this Code provision is hereby
enacted.
The Tribal Council is also aware of the excellent population of pheasants
the Tribe has on its Hearn and Giacometto hayland Ranch lands. Mr. Heap
suggested that our pheasant population will allow the Tribe to operate
a hunt that will generate about $15,000 from the sale of hunting tags
to non-Indians at the price of $20 for one tag with a minimum of 20
tags being purchased by each hunter.
The Tribal Council seeks by the adoption of this Code provision to provide
needed services to tribal members that otherwise could not be provided
by federal and other tribal funding. California Big Horn Sheep will
not chase away our deer population. Pheasants roam the reservation lands,
in-part, be cause tribal members do not hunt them.
In anticipation of authorizing a pheasant hunt by non-Indians, the remainder
of this Code is enacted.
Sec. 2. Moratorium on Hunting California Big Horn Sheep.
(a)
Declaration of Moratorium. The Tribal Council hereby declares that
there shall not be any hunting of California Big Horn Sheep within
the exterior boundaries of the Tribe's Oregon lands as of the day
the first California Big Horn Sheep are planted on the Oregon lands
through the cooperative efforts of the Tribe and wildlife officials
of the states of Oregon and Nevada or the federal government. This
moratorium shall be lifted when the planted California Big Horn Sheep
population is determined by the Tribal Council to be sufficient to
meet the needs of the Tribe and its members.
(b)
Enforcement Provisions; Fine. Any person who violates the moratorium
imposed by this regulation by an act of hunting which results in the
killing, wounding, injuring, or disturbance of the subject animals
in their natural habitat shall be guilty of a civil offense punishable
by a penalty levied through the tribal court in an amount not to exceed
$5,000 for each offense.
(c)
Seizure and Impoundment of Equipment. The law enforcement officers
of this Tribe or Bureau of Indian Affairs are authorized to impound
all vehicles and hunting equipment possessed by those violating this
Chapter, in the name of the Fort McDermitt Tribe, and hold same until
otherwise directed by a judge of the Tribal Court.
(d)
Issuance of Hunting Permits. Upon a determination that the moratorium
on hunting imposed by this regulation of this chapter should be lifted,
the Tribal Council may by amendment to this chapter provide for the
issuance of a California Big Horn Sheep hunting permit (or permits)
which shall be available through a public auction to the highest bidder.
(e)
Use and Distribution of Penalty and Sheep Auction Monies. All monies
received from the auction of a permit to hunt a California Big Horn
Sheep shall be distributed in the following manner:
10
percent: Senior Citizens Pleasure Account;
10 percent: Emergency Funeral and Travel Account;
10 percent: American Legion Post No. 25 Account;
10 percent: Advertisement and Auction Account;
30 percent: Sheep Habitat Improvement Account; and,
30 percent: General Account [for Administrative Costs]
within
30 days of the receipt of such sheep auction monies.
(f)
Authority to Enact New Provisions. The Tribal Council may enact new
provisions of this Regulation from time to time as needs of tribal
members require.
Sec. 3. Restriction on the Hunting of Pheasants on the Hearn and
Giacometto Ranch Lands.
(a)
Declaration of Restriction. The Tribal Council hereby declares that
no person shall hunt any species of pheasant within the exterior boundaries
of the Hearn and Giacometto Ranch lands of the Fort McDermitt Tribe
from that point of those ranches that begins on the west side of U.S.
Highway 95 unless in possession of a permit or "pheasant stamp"
issued by the Tribal Council issued for each such bird. When
the Tribal Council opens pheasant hunting on the Hearn and Giacometto
Ranches, the restriction shall remain closed to non-Indians and non-members.
(b)
Unlawful Possession or Killing Prohibited; Fine. Any person who violates
this regulation of this chapter by an act of hunting which results
in the killing, wounding, injuring, or disturbance of the subject
animals within the exterior boundaries of the Hearn and Giacometto
Ranches shall be guilty of a civil offense punishable by a penalty
levied through the Tribal Court of not more than $100. Each pheasant
taken in violation of this regulation shall constitute a separate
offense.
(c)
Exceptions. This section shall not apply to any person who is in possession
of any pheasant that is reasonably determined to have been struck
by a motor vehicle. The people of the Fort McDermitt Tribe do not
waste eatable foods.
(d)
Issuance of Pheasant Hunting Stamps. Pheasant hunting stamps to authorize
the hunting of pheasants within the exterior boundaries of the Hearn
and Giacometto Ranches may be issued to nonmembers by the Tribe upon
the payment of a fee of $20 per pheasant stamp. Such stamps may be
issued by the Tribal Council or a designated official upon the receipt
of an application therefore subject to a minimum purchase of 20 stamps
per applicant.
(e)
Use and Distribution of Pheasant Penalty and Tag Monies. All monies
received from the sale of pheasant hunting tags shall be distributed
in the following manner:
28
percent: Senior Citizens Transportation Account;
20 percent: Emergency Funeral and Travel Account;
20 percent: American Legion Post No. 25 Account;
20 percent: Habitat Improvement and Supplies Account;
6 percent: Hunting Advertisement Account; and,
6 percent: General Account (for Administrative Costs]
within
30 days of the receipt of such funds.
(f)
Authority to Enact New Provisions of This Chapter. The Tribal Council
may enact new provisions of this Regulation from time to time as needs
of tribal members require.
Sec. 5. Regulation of Fishing.
(a)
Application of Regulation. (1) All Indians residing within the exterior
boundaries of Fort McDermitt Indian Country (the "Old Reservation",
"Lasa Purchase", "Hog John Ranch" and other lands owned by the Tribe)
and those enrolled members residing without the exterior boundaries
can fish wherever they desire within the exterior boundaries of Fort
McDermitt Indian Country. (2) All other persons over the age of 14
years must possess, in addition to any state fishing license, a permit
or stamp issued by the Tribal Council or its designated official.
Each permit or stamp shall be issued upon the payment of a fee of
$2.00 per day or $12.00 per year.
(b)
Penalty; Enforcement; Fine. Any person who violates this regulation
by an act of fishing which results in the killing, wounding,injuring,
or disturbance of the subject animals in their natural habitat shall
be guilty of a civil offense punishable by a fine levied through the
Tribal Court in an amount not to exceed $100. Each fish taken in violation
of this regulation shall constitute a separate offense.
(c)
Use and Distribution of Penalty and Permit/Stamp Monies. All monies
received from the collection of fishing license, permits or stamps
shall be distributed in the following manner:
50
percent: Habitat Improvement; and,
50 percent: Community Activities Account
within
30 days of the date of their collection.
(d) Authority
to Enact New Provisions of this Chapter. The Tribal Council may enact
new provisions of this Regulation from time to time as the needs of
tribal members may demand.
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