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Law and Order Code of the Ute Indian Tribe of the Uintah and Ouray Reservation
Received: 1988 TITLE
VIII - UTE INDIAN WILDLIFE AND OUTDOOR RECREATION CODE §8-1-1 Intent, Scope and Purpose of Code. (1) It is the intent of this Wildlife and Outdoor Recreation Code to provide for an orderly system on the Reservation for the management and control of the wildlife and outdoor recreation resources of the Tribe on the Reservation. It is intended that the license, permit and tag requirement provided for herein as well as the limits on taking wildlife and using Tribal facilities will not apply to members of the Tribe except when specifically so provided, or required by restrictions of universal applicability. It is recognized that members of the Tribe have a preferred right and interest in the use of Tribal lands and facilities and to the taking and use of wildlife found on the Reservation. The use of such lands and facilities and the taking of wildlife by non-members of the Tribe is a privilege which can legally be accomplished only upon compliance with the terms and conditions set by the Ute Indian Tribe. (2) All matters relating to the propagation, conservation, management, distribution, transportation, storage and taking of fish and game and the management, conservation and control of reservation lands and waters for fish and game purposes, the regulations relating to fishing, hunting, trapping and sale, barter and exchange of fish and game on the Uintah and Ouray Reservation are subject to the absolute jurisdiction of the Ute Indian Tribe of the Uintah and Ouray Reservation. (3) All matters relating to the use of boats, snowmobiles and other off-the-road or recreational vehicles on the Uintah and Ouray Reservation, as well as other outdoor recreational activities, are subject to the absolute jurisdiction of the Ute Indian Tribe of the Uintah and Ouray Reservation. (4) The purpose of this Code is to:
(5) Until
such time as the Business Committee shall otherwise provide by appropriate
resolution, the Tribe and its Fish and Wildlife Department shall continue
to observe the terms of that certain agreement dated December 29, 1972,
between the Tribe and the State of Utah regarding division of responsibility
for enforcement of fish and wildlife laws and regulations within the
boundaries of the Reservation, and the provisions of this Wildlife and
Outdoor Recreation Code, including licensing requirements for non-members
of the Tribe, shall apply only to lands and waters owned by the Tribe
or held in trust for the benefit of the Tribe and to lands and waters
owned by enrolled members of the Tribe within the boundaries of the
Reservation. (1) "All terrain vehicle" means any motorized vehicle designed for or capable of travel over unimproved terrain. (2) "Aquatic wildlife" means any species of fish, crustaceans, aquatic insects, or amphibians. (3) "Bag limit" means the maximum number of wildlife which may lawfully be taken by anyone in one day. (4) "Big game animals" means all species of deer, elk, moose, antelope, mountain sheep, mountain goat, bear, and mountain lion. (5) "Board" means the Fish and Wildlife Advisory Board. (6) "Business Committee" means the Uintah and Ouray Tribal Business Committee of the Ute Indian Tribe. (7) "Carcass" means the dead body of any animal or parts of it. (8) "Certificate of Registration" means a document granting authority to engage in activities not covered by a license, permit or tag issued under this Code or any proclamation of the Business Committee. (9) "Closed season" means that period of time during which the taking of wildlife is prohibited. (10) "Code" means this Ute Indian Wildlife and Outdoor Recreation Code. (11) "Department" means the Ute Indian Fish and Wildlife Department. (12) "Director" means the Director of the Ute Indian Fish and Wildlife Department. (13) "Fishing" means to take aquatic wildlife by any means. (14) "Game bird" includes all members of the following families: Anatidae
(Ducks and Geese) (15) "Game fish" means all species of trout, salmon, mountain herring, channel catfish, whitefish, croppie, perch, black bass, or pike. (16) "Hunting" means to take any bird or animal by any means. (17) "License" means the primary document granting authority to engage in activities covered by this Code. (18) "Non-Tribal member" means all persons not enrolled members of the Ute Indian Tribe of the Uintah and Ouray Reservation. (19) "Officer"
means an officer of the Ute Indian Fish and Wildlife Department or other
law enforcement officer of the Tribe. (21) "Permit"
means a secondary document including stamps, requiring a license as
a prerequisite to its issuance, which grants authority to engage in
certain specified activities under this Code or any proclamation of
the Business Committee. (23) "Possession limit" means the maximum number of wildlife which may be possessed by any one person at any one time. (24) "Proclamation" includes the rules and regulations of the Business Committee adopted and published under the provisions of this Code. (25) "Recreational
vehicle" means any snowmobile or all-terrain vehicle engaged in
off-highway recreational use. (27) "Sell" means offer or possess for sale, barter, exchange or trade, or the act of selling, bartering, exchanging or trading. (28) "Snowmobile"
means any motorized vehicle designed for travel on snow and/or ice and
steered and supported in whole or in part by skis, belts, cleats, runners
or low-pressure tires. (30) "Take" means to fish, angle, hunt, pursue, catch, capture, seine, trap, kill or possess any wildlife or any attempt to commit any of these acts. (31) "Tribal
Member" or "Member of the Tribe" means any enrolled member
of the Ute Indian (32) "Tribe" means the Ute Indian Tribe of the Uintah and Ouray Reservation. (33) "Wildlife" means any form of animal life generally living wild in a state of nature, including all wild mammals, birds, fish, reptiles and amphibians and their nests, eggs and spawn.
(1) All wildlife now or hereafter within the Uintah and Ouray Reservation, not held by private ownership legally acquired, and which for the purposes of this Code shall include all big game animals, game birds, waterfowl, game fish, amphibians and fur-bearing animals mentioned in this Code, are hereby declared to be the property of the Ute Indian Tribe and no right, title, interest or property therein can be acquired or transferred or possession thereof had or maintained except as herein expressly provided. (2) It
shall be lawful for the Department or any person appointed by it in
writing so to do under the direction of the Director, to take Wildlife
of any kind, in any manner for the purpose of inspection, cultivation,
propagation, distribution, scientific or other purposes deemed by it
to be in the interest of the fish and game industry of the Tribe.
(1) There is created a department to be known as the Ute Indian Fish and Wildlife Department which shall have the power and be charged with the duty to protect, propagate, manage and distribute big game animals, fur-bearing animals, game birds and game fish throughout the Uintah and Ouray Reservation, and to direct and supervise the propagation of game fish, and the rearing of game birds, and the management of game and game lands, waterfowl and waterfowl refuges owned and operated by the Tribe, and the licensing of hunting, fishing, trapping and dealers in furs; to enforce the provisions of this Code; and to carry out the policies and directions of the Business Committee in all matters relating to fish and game activities and the development, supervision and control of matters relating to outdoor recreational activities. (2) The
Department shall keep its principal offices at Fort Duchesne, Utah,
but may establish and maintain such branch or division offices within
the Reservation as may be necessary for the prompt and efficient performance
of its duties. The Director shall make a detailed report of the Department's work and official transactions, and submit such report, together with such recommendations as are deemed necessary by him for the future benefit of the fish and game resources and outdoor recreational activities of the Tribe, to the Business Committee preceding each calendar year's operation.
The Department is authorized, subject to the approval of the Business Committee, to enter into reciprocal and cooperative agreements with the State of Utah and any government agencies for the purpose of promoting and implementing wildlife management programs and outdoor recreational activities.
(1) The
Business Committee shall appoint a Director of the Ute Indian Fish and
Wildlife Department who may be removed by the Business Committee. The
Director shall be responsible to the Business Committee or its authorized
representative for the successful operation of the Department. He shall
be a man with knowledge of, and experience in, the requirements for
the protection, conservation, restoration and management of the wildlife
resources of the Reservation. The Director shall devote his entire working
time to the service of the Ute Indian Tribe in the discharge of his
official duties. The Director shall receive a salary to be determined
by the Business Committee. The Director shall execute and deliver to
the Business Committee a surety company bond in such form and in such
amount as the Business Committee shall determine. Said bond shall be
conditioned upon the faithful performance of his duties and the premium
on the same shall be paid by the Tribe out of the Wildlife and Outdoor
Recreation Fund. The Director is empowered to investigate and determine the facts relative to the condition of fish, game and other wildlife of this Reservation, and other outdoor recreation activities. Upon the determination of those facts, the Director shall effectuate the tribal policy, as declared in the purposes and intent herein, of all law pertaining to all species of wildlife, and work toward the preservation, protection, conservation, perpetuation and management thereof; provided, however, that no authority conferred or given to the Director by this Code shall supersede or divest the rights, function, authority or powers of the Business Committee.
The Director shall have executive authority and control of the Department and its employees to the end that the policies of the Business Committee shall be carried out in accordance with the ordinances, resolutions and proclamations of said Business Committee. The Director shall have full control of and be responsible for all property of the Tribe acquired and held for the purposes contemplated by this Code. He shall, with the consent of the Business Committee or its authorized representative, appoint such full time or temporary officers, wardens, and other assistants and employees from the membership of the tribe or elsewhere as are necessary, and he may remove temporary employees at his discretion. In cases of emergency, the Director may exercise the powers of the Board until such time as the Board shall meet or the emergency end.
The Department's officers and other employees shall receive such compensation, according to the standards established by the Business Committee, as the Director shall determine; and in addition to the compensation herein specified, the Director, officers and other employees of the Department shall receive actual and necessary traveling expenses incurred in the performance of their duties.
The Director shall prepare and submit to the Business Committee by the first day in May of each year, a budget containing the requirements for salaries and wages, office expenses, travel, equipment, repairs and contingent expenses to be paid from the Wildlife and Outdoor Recreation Fund in carrying out the provisions of this Code and regulations made pursuant thereto for the next following year.
(1) The Fish and Wildlife Advisory Board shall be composed of three members to be appointed by the Business Committee. The selection and appointment of said members will be made upon consideration of the welfare and the best interests of the Department, and no person shall be appointed to said Board unless he is well informed about and interested in the subject of wildlife, conservation and restoration and outdoor recreation. Each member of the Board shall hold office until a successor is named by the Business Committee. The Board shall elect one of its members as its chairman who shall preside at all of its meetings. (2) The
first member of the Board appointed by the Business Committee shall
serve for a term of three years; the second member of the Board appointed
by the Business Committee shall serve for a term of two years; the third
member of the Board appointed by the Business Committee shall serve
for a term of one year. (3) The
Board shall receive remuneration as determined by the Business Committee
when on (4) The Board shall make a detailed report of its official proceedings, and submit such report, together with such recommendations as are deemed necessary by it for the future benefit of the fish and game and outdoor recreational resources of the Reservation, to the Business Committee prior to the end of each calendar year.
The Board shall hold at least four meetings each year, including an annual meeting to be held during the month of January. At the January meeting, the Board shall set dates for quarterly annual meetings. Additional meetings may be called by the chairman upon giving ten (10) days notice. The Director shall act as secretary of the Advisory Board. Meetings of the Board shall be open to the public and may be held at the Ute Indian Tribal Offices or elsewhere on the Reservation as determined by the Board. Two members of the Board shall constitute a quorum for the transaction of business unless otherwise required by ordinance or resolution of the Business Committee.
The Business Committee, Department, Board and Director shall exercise their powers under this Code by orders, rules, regulations and resolutions made and adopted pursuant to this Code. For the purpose of providing an adequate and flexible system of protection, propagation, increase, control, management and conservation of wildlife on the Reservation and for their use and development for public recreation and food supply, the Board and Director are hereby authorized and directed to determine under what circumstances, when and what localities, by what means, in what amounts and numbers the same may be taken or killed so as to maintain an adequate and proper supply thereof, and thereupon shall recommend to the Business Committee the adoption of appropriate rules and regulations. The Business Committee, upon the recommendation of the Board and the Director, shall by appropriate resolutions adopt a proclamation which will:
(1) Rules,
regulations and orders of the Business Committee pertaining to the subject
of this Code shall be published in the form of a proclamation in the
following manner: Those having general application throughout the Reservation
shall be published at least once in some newspaper or newspapers published
in and having general circulation throughout Duchesne and Uintah Counties;
those of special character having local application only shall be published
at least once in some newspaper, published in and having general circulation
in the locality wherein such rules, regulations and orders are applicable,
but if no such newspaper is so published and circulated, copies of such
rules, regulations and orders shall be posted in at least three conspicuous
places in the locality in which they are applicable. (3) Any rules, regulations and orders of the Business Committee reduced to writing, signed by the chairman of the Business Committee, filed in the office of the Department and published or posted as provided herein, shall be deemed to have been duly adopted and promulgated and shall become effective as hereinabove provided. A copy of any such rules, regulations or orders, certified by the Secretary of the Business Committee to be a true copy and to have been adopted, filed and published or posted as aforesaid, shall be admissible in Court without further identification or authentication and shall be prima facie evidence in any court of this Reservation of the adoption, publication and promulgation of such rules, regulations and orders.
A Wildlife and Outdoor Recreation Fund is hereby created, and all monies collected from the sale of licenses, and all the net monies collected from fines and forfeitures, and such other monies as may be received under any provision of this Code and resolutions made pursuant thereto shall be paid into said fund as provided in this Code. All monies paid into said fund shall be deposited in the Fund or account and shall be drawn upon for the payment of salaries and expenses and other expenditures authorized in this Code upon authorization by the Director with the consent of the Business Committee. The Wildlife and Outdoor Recreation Fund is a budget expense of the Tribe.
(1) No
non-Tribal member shall take any wildlife without first having procured
a license therefor as herein provided and having at the same time such
license in his possession; nor shall any such person lend, sell, give
or assign his license nor any stamp belonging thereto. (3) Violation of this section is punishable as provided in §8-1-20.
All license agents appointed by the Director shall be authorized to sell and deliver licenses to all applicants and to make collection of all license fees fixed. License agents not employed by the Tribe shall receive for all services rendered a sum to be determined by the Director for each license issued. All agents shall report all such sales to the Director on or before the tenth day of each calendar month, and shall accompany their report with all money received for licenses, a fee for each license issued to be refunded to the agent upon receipt of said monies. All license money collected by such agents shall be kept separate and apart from the private fund of such agents, and shall at all times belong to the Tribe.
Fees shall be determined annually and shall be published in the annual proclamation.
(1) Violation
of any provision of this Code or any regulation or proclamation issued
thereunder by the Business Committee shall, unless otherwise designated,
be a Class B offense and may, in addition to any other prescribed penalties,
be punishable by revocation of fishing and hunting or other licenses,
confiscation and forfeiture of equipment, and such other authorized
action as the Business Committee may deem appropriate. The provisions
for penalties in this Code shall apply to all persons, both members
and non-members of the Tribe alike, unless otherwise provided herein. (3) Not less than once each year, the Director or his designated representative shall conduct a public sale of all confiscated items not appropriated for the official use of the Department. Such sale shall be by auction held after not less than one week's notice to the general public, and the proceeds therefrom will go to the Wildlife and Outdoor Recreation Fund. (4) Non-Indian juveniles arrested for violation of this Wildlife and Outdoor Recreation Code shall be taken before the Tribal Court rather than the Tribal Juvenile Court, which Court shall avoid the imposition of imprisonment as a penalty upon a finding that the juvenile is guilty. (5) In cases of violations of this Code or any regulation or proclamation issued hereunder in which the person alleged to have committed the violation resides within the territorial jurisdiction of the Tribe, the accused person shall not be taken into custody if he voluntarily signs a promise, printed on the citation issued for, the offense, that he will appear before the Tribal Court within five (5) days, and if, in the judgment of the officer involved, no arrest is necessary to protect the peace and safety of the Reservation.
The Board may adopt a schedule of fines to be imposed for violations of this Code, such fines to be advisory only to the Tribal Courts.
Officers
of the Ute Indian Tribe are authorized to enforce the provisions of
this Code and any regulations or proclamations issued hereunder. Unless
otherwise modified by ordinance, resolution, or proclamation, the following
restrictions shall apply to the taking of wildlife by non-members and
the penalties prescribed in §8-1-20 shall apply: (1) It shall be unlawful to take wildlife on the Reservation, except as provided in this Code.
Unless modified by Ordinance, resolution or proclamation of the Business Committee, the following acts by any person are declared to be unlawful and punishable as provided in §8-1-20: Back to Top |