Tribal Code - Sault Ste. Marie Tribe of Chippewa Indians
Enacted July 5, 1995. Including Updates Through 2004.
CHAPTER 22: CONSERVATION COMMITTEE
Current Ordinance: Resolution 96-31, adopted February 6, 1996, enacts Chapter 22: Conservation Code, effective immediately.
Amendments: Resolution 2004-98, adopted September 21, 2004 amends §22.102 Conservation Committee: Creation.
The purpose of this Chapter is to create a regulatory agency to monitor the fishing and hunting activity and its effect upon the tribe's Natural resources as well as all activity as a result of Treaty fishing and hunting rights.
22.102 Conservation Committee: Creation.
There is hereby created a Tribal Conservation Committee consisting of thirteen (13) members to be appointed by the Tribal Board of Directors pursuant to 22.104(1). Six (6) of the members are to be commercial fishermen and six (6) shall be non-commercial fishermen. The remaining member shall be the position of the Tribal Conservation Committee Chairman.
22.103 Jurisdiction of the Conservation Committee.
The Conservation Committee shall have jurisdiction to oversee and regulate all hunting, fishing, gathering and other usufructuary activities of:
(1) Tribal members exercising or purporting to exercise Tribal aboriginal or treaty-secured rights and;
(2) all persons upon the land or waters owned by or held in trust for the Tribe.
22.104 Membership: Terms, Meetings.
(1) Any member of the Sault Ste. Marie Tribe of Chippewa Indians may be appointed to the Conservation Committee by the Sault Ste. Marie Tribe of Chippewa Indians Board of Directors. They must first present a letter of interest and three separate letters of recommendation by Sault Ste. Marie Tribe of Chippewa Indians members to the Board of Directors.
(2) Members of the Conservation Committee shall hold office for four years; provided, the initial terms shall be staggered, with five of the members appointed to two year terms and the remaining members for four year terms.
(3) In the case of a vacancy, the Tribal Board of Directors shall appoint a new member in accordance with this section. However, the appointment shall only be for the length of the unexpired term.
(4) Members of the Conservation Committee shall hold office until their respective successors have been appointed. Any member may resign from office.
(5) Any member of the Conservation Committee who has two (2) unexcused absences in a twelve (12) month period shall forfeit membership with the Conservation Committee upon notice to the Board of Directors.
(6) The Conservation Committee will hold at least one meeting each month and such additional meetings as necessary. The Conservation Committee shall keep complete and accurate record of all its meetings.
(7) All meetings shall be open to the general public.
(8) The Chief Conservation Officer or his designee shall be an ex officio member and attend all Conservation Committee meetings.
(9) A member may vote in person only. The Chairperson does not vote unless there is a tie. The voting of a majority of the members present shall be necessary for the adoption of any matter. Each member shall be entitled to one vote. Occasionally phone votes are necessary to accommodate immediate action without the ability to call a special meeting. The results of the phone vote shall be permanent but must be reaffirmed at the next regular meeting.
(1) The Tribal Board of Directors shall designate one member of the Conservation Committee to be its Chairman.
(2) The Tribal Board Secretary shall also be the Secretary of the Conservation Committee. This position shall not be held by one of the Committee members.
22.106 Duties of the Chairman.
The Conservation Committee Chairman shall:
(1) Represent the Sault Ste. Marie Tribe of Chippewa Indians at discussions related to the commercial fishery with other regulatory agencies, such as Chippewa Ottawa Treaty Fishery Management Authority, Department of Natural Resources, the Fish and Wildlife Service, the Bureau of Indian Affairs, and the Bay Mills Indian Community.
(2) Report all Committee action to the Tribal Board of Directors on all matters before the Conservation Committee.
(3) Conduct all meetings of the Conservation Committee.
22.107 Duties of the Conservation Committee.
The Conservation Committee shall perform all duties and responsibilities and exercise authority delegated to it by the Tribal Board of Directors by this Chapter or any other provision of the Tribal Code. In addition, the Conservation Committee shall have the power to:
(1) Receive reports from any source regarding all information related to licensing and the issuance of Tribal hunting and fishing licenses.
(2) Receive reports from the Biological Department regarding the fishing effort and catch of the Tribal fishery.
(3) Request information related to the fishery from any person or agency.
(4) Receive reports from the Conservation Court Prosecutor regarding prosecution and punishment of fishing offenses by Tribal members.
(5) Issue Fishing Identification Licenses, Commercial Fishing Licenses, Hunting Identification Licenses, Special Permits, or any other license or permit authorized by Tribal law.
(6) Set seasons where none are specifically provided, close or shorten seasons when necessary for the preservation of the resource, or extend or open seasons when it is determined that it will not harm the resource.
(7) Set limits on the manner or amount of taking of fish or game when necessary for the conservation of the resource.
(8) Review on an annual basis or more frequently the numbers of each type of Permit or License outstanding, with particular emphasis on any Commercial Fishing Licenses or Special Permits which may be outstanding, to determine whether or not it is in the best interests of conservation to continue such permits.
(9) Keep and maintain an up-to-date and accurate list of all persons to whom each type of permit has been issued.
(10) Establish regulations concerning methods of harvesting natural resources.
(11) Develop such information as the Conservation Committee may determine appropriate concerning member harvest of natural resources, including the imposition of reporting requirements for permit and license holders.
(12) Recommend to other regulatory agencies changes to their respective regulations.
(13) Recommend to the Tribal Board of Directors revisions to the tribe's fishing and hunting regulations.
(14) Prescribe its own rules of procedure as necessary to perform its functions.
(15) Include any person as a non-voting ex-officio member or advisor to the Conservation Committee.
22.108 Review of Conservation Committee Action.
All actions of the Conservation Committee shall be subject to review by the Tribal Board of Directors.