OCR Text |
Show ( wT Tf PENALTIES: Tribal Members and Non-Ut- e Tribe Indians: any Ute Tribal members, or Indian of another tribe, violating any of the rules and regulations set forth herein is subject to prosecution in Tribal Court, such prosecution to consist of imposition of a $200.00 fine andor imprisonment for a period not exceeding 90 days for each violation and loss of all hunting paraphernalia and game cons fiscated at the time of arrest: in addition violations may result in losing hisher privileges for a period of two years, after due notice and hearing befor Tribal mipf- - jf"1 frV A. Resolution No 4 Uintah and Ouray Agency Fort Duchesne, Utah 85-0- Court. B. CIVIL ACTION 1) Nothing in this Proclamation shall preclude the Tribe from bringing a WHEREAS, the general big game season of the State of Utah will bring thousands of hunters onto or across Ute Tribal lands; and WHEREAS, for protection and preservation of its wildlife and for fire protection of its range, forest, watershed, resources, and livestock management, it is necessary to route all vehicular traffic to the National Forest on designated U.S. Forest Service access roads; and WHEREAS, to protect the tribal land from trespass by unauthorized persons: NOW, THEREFORE, BE IT RESOLVED BY THE UTE INDIAN TRIBE FISH AND WILDLIFE ADVISORY BOARD that we hereby close, but not limit to, the following internal management vehicle trails on Indian owned land from August 17, 1985 to November 30, 1985. a. Cart Hollow from Rt. 7 to Forest boundary. b. Big Springs from Rt. 171 to Forest boundary. c. Dry Gulch from County Road east of Bluebell to Forest boundary. d. Pole Gate from Rt. 7 to Forest boundary. e. Dry Kiln from Rt. 7 to Forest boundary. f. Cottonwood from Rt. 6 to Forest boundary. g. Kern or Willow Springs from Mud Springs and Rt. 7 to Forest boundary. h. Petty Mountain from Telephone Hollow Road to Forest boundary. i. Tawanta Flat from County Road 134 to Highland Road. j. Water Hollow from Highland Road to Forest boundary. k. Dick Hollow adn McAfee Basin from Rock Creek Pass Road to Forest Boundary. l. Dick Hollow from Rock Creek Pass north of Rock Creek Pass Road. m. Dry Mountain from County Road up Rock Creek Pass to Rock Creek Pass Road. n. Little Valley from Farm Creek Road to Hicken Hollow and from County Road No. 35 to Spring. o. Big Draw from Coyote Basin to Rt. 7. p. All roads in Hill Creek Extension connecting Bureau of Indian Affairs roads. q. Sams and Dry Canyon Road. r. Brundage Canyon Road. BE IT FURTHER RESOLVED that we hereby request the Superintendent of the Uintah and Ouray Agency pursuant to Section 162.S, Code of Federal Regulations, and authority delegated to the Superintendent of the Uintah and Ouray Agency by the Phoenix Area Office under Redelegation Order No. 3, dated July 1, 1969, to support the Tribe in management and protection of its range, forest land, livestock and game resources by closing Bureau of Indian Affairs occasional maintenance routes listed below to all unauthorized personnel during this same period of time: it being further understood that oil companies and other authorized organizations will furnish the chief of Police and Resources Division of the Ute Tribe a listing of their authorized personnel who will be utilizing these roads: a. Route 6 known as the Pole Creek Trail. Park Loop Trail. b. Route 10 known as the Dark Canyon-Jefferso- n c. Route 18 known as the Coyote Basin Trail. d. Route 19 known as the Cottonwood Trail. e. Route 71 known as the Little Mountain Trail. f. All Bureau of Indian Affairs roads in the upper Hill Creek Extension south of Township 14 South, Ranges 17, 18, 19, 20 and 21 East, including all or part of Rts, 11, 12, 13, 33, 35, 37, 38 and 42. g. Brundage Canyon Road. BE IT FURTHER RESOLVED that holders of valid Ute Tribal fishing and camping permits will not be authorized to camp and fish in closed areas. BE IT FURTHER RESOLVED that no authorized personnel will be allowed to carry firearms and that they will be subject to search by authorized tribal personnel. THOMAS G. APPAH, Chairman, Uintah Band ROGER E. KURIP, Member Uncompahgre ROBERT LEE CUCH, Memeber Whiteriver Band CERTIFICATION I, hereby, certify that the above resolution was adopted by the Ute Indian Tribe Fish and Wildlife Advisory Board at a special meeting held in Fort Duchesne, Utah on the 15th day of July, 1985, at which time there were two members present and by a vote of 2 FOR and 0 AGAINST. JULIA APPAWOO, Clerk Fish and Wildlife Department Published in the Vernal Express September 4, 1985. RESOLUTION NO. Uintah and Ouray Agency Fort Duchesne, Utah Indian Tribe Fish and Wildlife Advisory Board of the Ute the WHEREAS, Uintah and Ouray Indian Reservation, having made due and thorough investigation and received recommendations from Tribal Fish and Wildlife personnel find that certain rules and regulations are necessary for the conservation and wise use of the Small Game resources on the Uintah and Ouray Indian Reservation; and WHEREAS, the Board has promulgated and suggests some rules and regulations governing Small Game hunting on the Reservation for the 1985 season; and WHEREAS, the Business Committee of the Ute Indian Tribe has reviewed the proposed rules and regulations and finds it is in agreement with the same. J (U.S.D.C. Utah, WHEREAS, United States v. Felter, Case No. Slip. Op of May 20, 1982) held that those persons terminated from the Ute Indian Tribe of the Uintah and Ouray Reservation, Utah, pursuant to the Act of August 27, 1954, 68 Stat. 868, retained a pro-rat- a share of the hunting and of the takeable wildlife of fishing privileges of the Tribe equal to 27.16186 the Reservation; and WHEREAS, the above cited decision controls, despite the contrary view of the Tribe, the issue of Affiliated Ute hunting and fishing until such time as the Ute Indian Tribe is successful in its efforts to overturn the same; and WHEREAS, subsequent to such decision the Ute Indian Tribe Fish and Wildlife Advisory Board, by Resolution No. July 15, 1985, recommended rules and regulations for the taking and hunting of upland game birds, of the Ute Indian waterfowl and rabbits by both members and Tribe, including the hunting of said upland game birds, waterfowl and rabbits by terminated members of the Tribe, hereinafter Affiliated Utes; and WHEREAS, those recommended rules and regulations governing the distribution of upland game birds, waterfowl and rabbits represent a fair division of available game between members of the Tribe and Affiliated Utes in conformity with United States v. Felter, supra. NOW, THEREFORE, BE IT RESOLVED BY THE UINTAH AND OURAY TRIBAL BUSINESS COMMITTEE OF THE UTE INDIAN TRIBE that the 1985 Small Game hunting season, as set forth in the attached document, is hereby put in place and that it shall govern the taking of Small Game on the Reservation for the 1985 season. BE IT FURTHER RESOLVED that any regulations contained herein may be altered, modified or amended by subsequent action of the Business Committee. LESTER CHAPOOSE, Chairman FLOYD WOPSOCK, FRANK ARROWCHIS, Member CERTIFICATION I hereby certify that the above resolution was adopted by the Uintah and Ouray Tribal Business Committee under authority of the Constitution and of the Ute Indian JTribe at a meeting held in Fori Duchesne, Utah, on the 28th day of August, 1985, at which time a quorum was present and voted 3 FOR and 1 AGAINST. KAREN CHALFANT, Secretary, Uintah and Ouray Tribal Business Committee 85-2- CR81-0068- 85-0- n By-La- 2 RESOLUTIONJVO. BE IT RESOLVED BY THE UTE INDIAN TRIBE FISH AND WILDLIFE ADVISORY BOARD that by the authority vested in this Advisory Board by the Ute Indian Wildlife and Outdoor Recreation Code, and by recommendations received by the Ute Tribe Fish and Wildlife Department personnel; we do hereby set the rules and regulations for the taking and hunting of antelope, 84-0- big horn sheep, buffalo, bear, and Utes that are on the Affiliated and Affiliated Tribal members, cougar by Ute Ute Final Roll. dk, mule deer, moose, Rocky Mountain RULES AND REGULATIONS Any tribal member violating any of the rules and regulations set by this Wildlife Advisory Board and approved by the Business Committee will be subject to prosecution which will result in a fine and loss of hisher hunting 1. privileges. b civil action in Tribal Court for punitive and compensatory damages for the unauthorized hunting and taking of game. 2) The Court, in assessing punitive and compensatory damages, shall determine the amount in the same manner in which it would determine punitive and compensatory damages in any civil action. C. ENFORCEMENT 1) All Tribal Police Officers, Tribal Conservation Officers, and Federal Law Enforcement Officers are herewith bestowed the authority to enforce the provisions of this Proclamation, and shall be referred to hereafter as authorized officers. 2) Authorized officers may: a) Execute bench warrants issued for the detention of persons or entities acting in contravention of this Proclamation; b) Serve subpoenas or other legal documents issued in matters arising under this Proclamation; c) Seize any paraphernalia used in a violation of this proclamation as evidence and security for payment of any fines or damage payments imposed pursuant hereto. D. ENFORCEMENT PROCEDURES a) If an authorized officer determines that a particular person has acted in contrivertion of this Proclamation, such officer shall either issue to the damaging or violating party a Notice to Appear to answer for the acts alleges. b) Suspected violators or damage contributors shall sign the Notice to Appear, and, if not arrested for expulsion, trial, or federal prosecution, shall be escorted from the place of infraction and released. In the event a person the subject of service of a Notice to Appear shall refuse to sign the same, the serving officer shall make note of attempted service, the time and location thereof and the refusal of the served person to accept service, where upon effective personal service shall be presumed. of an Indian Tribe; Affilliated Utes who are c) Affiliated Utes, not enrolled Indians, who violate any of the rules or regulations above set forth, or who are apprehended hunting without a permit validly issued in accordance with the Proclamation are subject to Federal prosecution. Authorized officers are to prepare an investigative report for the United States Attorney. E. OTHER SANCTIONS 1) Contempt: All persons party to actions brought under this Proclamation, whether members or shall be subject to the civil contempt power of the Tribal Court, and may be sanctioned by any means provided for in the Ute Law and Order Code for civil contempt, including but not limited to, imprisonment to compel compliance with a lawful court order. of the Tribe 2) Trespassing: Violation of this Proclamation by triggers spontaneous revocation of any priorly granted permission to enter the Reservation and renders the violator as a trespasser. 3)- Expulsion: Nothing in this Proclamation shall be deemed to preclude the use of the remedy of expulsion of for violation of this Proclamation under the Ute Law and Order Code, and any authorized officer may follow the procedures provided by the Tribal Law and Order Code to initiate any action for expulsion in addition to or in lieu of any other enforcement procedure provided for by this Proclamation. 4) Levy Against Property: In the event a person or entity violating this Proclamation shall fail to comply with an issued Notice to Appear, fail to depart the Reservation upon a finding of explusion, commit a trespass, fail to comply with an order of the Tribal Court for civil contempt, or have been found guilty of an offense hereunder, nothing herein shall preclude the Tribal court from attaching such persons confiscated or on Reservation property in lieu of sums owned the Tribe or to assure the offending parties compliance with Proclamation or Orders of the Tribal Court. F. FEDERAL PROSECUTION of an Indian Tribe; Affiliated Utes who are Affiliated Utes, not enrolled Indians, who violate any of the rules or regulations above set forth, or who are apprehended hunting without a permit validly issued in accordance with this Proclamation are subject to Federal prosecution including but not limited to the following Federal statues: rs rs U.S.C. S1164: Destroying Boundary and Warning Signs Whoever willfully destroys, defaces, or removes any sign erected by an Indian Tribe, or a Government agency (1) to indicate the boundary of an Indian reservation or of any Indian country as defined in Section 1151 of this title of (2) to give notice that hunting, trapping, or fishing is not permitted thereon without lawful authority or permission, shall be fined not more than $250 or imprisoned not more than six months, or both. 18 U.S.C. S1165: Hunting, Trapping or Fishing on Indian Land without lawful authority or permission, willfully and knowingWhoever, ly goes upon any land that belongs to an Indian or Indian tribe, band, or group and either are held by the United States in trust or are subject to a restriction against alienation imposed by the United States, or upon any lands of the United States that are reserved for Indian use, for the purpose of hunting, trapping, or fishing thereon, or for the removal of game, peltries, or fish therefrom, shall be fined not more than $200 or imprisoned not more than ninety days, or both, and all game, fish, and peltries in his possession shall be forfeited. 16 U.S.C. 3371, et seq. : Pursuant to 16 U.S.C. S3372, any person importing, exporting, transporting, selling, receiving, acquiring, purchasing, or possessing game in violation of this Proclamation may be subject to a civil penalty of $10,000 for each violation or criminal prosecution seeking a fine of $20,000 andor imprisonment for not more than five years. G. GENERAL INFORMATION AND PROCEDURES 1. Tribal members and Affiliated Utes who receive 1985 hunting permits for elk and antelope must punch out the date of kill and attach the tag portion of the permit on the animal after the kill is made. (Tribal members hunting mule deer must have in their possession a tribal identification card.) 2. Tribal members and Affiliated Utes who receive 1985 permits for elk, antelope and mule deer must turn in the kill information portion of the permit within 30 days after the hunt. 3. Tribal members and Affiliated Utes who do not return the kill information of the permit will not be eligible to apply for the next two years. 4. The Rock Creek to Little Water Hills area elk hunting permit holders will not be eligible for the Hill creek unit elk hunt. 5. Tribal members and Affiliated Utes who have received antelope permits in 1984 are not eligible for the 1985 antelope hunt. 6. Only those individuals receiving a valid tribal permit are permitted to shoot or kill game, and must accompany the game when transported. 7. It shall be unlawful for any Tribal member, Affiliated Ute, or to kill elk, antelope, mule deer, moose, big horn sheep, buffalo, bear or cougar has a valid permit to do so and except when such member or kill occurs during an established season. 8. It shall be unlawful for any Tribal member, Affiliated Ute, or to waste, or permit to be wasted or spoiled, any wildlife. to fail to stop 9. It shall be unlawful for any tribal member or at checking stations or road blockades where a checking station sign, stop sign, or red lights are displayed. 10. It shall be unlawful to pursue, hunt, or transport game from motorcycles or snowmobiles. 11. It shall be unlawful to hunt or harass game from an aircraft. 12. Sign up for elk and antelope permits will be at the Tribal Fish and Wildlife Office between August 19, 1985 and September 6, 1985. 13. Drawing for antelope and elk permits will be held in the auditorium in the Tribal Office bulding on September 9, 1985, at 1 :00 p.m. Alternates for the antelope and elk permits will also be selected at this time. 14. Permits must be picked up in person by September 6, 1985 by 4:30 p.m. If not picked up by then, the alternates will the be issued their permits. H. SPECIFIC HUNTS 18 three-wheeler- s, quad-runner- 1. s, Antelope (a.) Season: (b.) Area: (c.) Age: (d.) Limit: (e.) No. of permits: 2. Elk (North Unit) 29 September Reservation Wide 16 years and over 1 buck per permit holder 20 (15 Tribal members, 5 affiliated Utes) 20 October Rock Creek to Little Water 16 years and over (c.) Age: 1 elk, either sex, (d.) Limit: per permit holder 175 either sex(128 Tribal members, 47 Affiliated Utes) (e.) No. of permits: 3. Elk (Hill Creek Unit) 20 (a.) Season: September Hill Creek Unit (b.) Area: 16 years and over (c.) Age: 1 elk, either (d.) Limit: sex, per permit holder (e.) No. of permits: 225 either sex(164 Tribal members, 61 Affiliated Utes) (a.) Season: (b.) Area: IIWHI 8 u I..I,I Vernal Express Deer (a.) Season: (b.) Area: (c.) Age: (d.) Limit: (e.) No. of Permits: Wednesdoy, August 28, 1985 4. Mule Open Season Reservation wide No minimum age required Subsistence hunting only Open 5. Moose (a.) Season: Mountain Big Horn Sheep (a.) Season: 6. Rocky Closed year-roun- d Closed year-roun- d Closed year-roun- d Closed year-roun- d Closed year-roun- d 7. Buffalo (a.) Season: 8. Bear (a.) Season: 9. Cougar (a.) Season: THOMAS G. APPAH, Chairman, Uintah Band ROGER E. KURIP, Member, Uncompahgre ROBERT LEE CUCH, Member, Whiteriver Band CERTIFICATION moose, big horn I, hereby, certify that the above elk, antelope, mule deer, was by the ute 1985 for adopted resolution and bear cougar sheep, buffalo, in a Indian Tribe Fish and Wildlife advisory board at special meeting held were there time which at of 1985, 15th on the Fort Duchesne, Utah day July two members present and by a vote of 2 for and 0 against. JULIA APPAWOO, Clerk, Fish and Wildlife Published in the Vernal Express Sept. 4, 1985. Resolution No. 3 Uintah and Ouray Agency Fort Duchesne, Utah WHEREAS, the Fish and Wildlife Advisory Board of the Ute Indian Tribe has made investigations, and has received recommendations from members of the Tribe, Federal Technicians, Tribal Cmservation Officers and other qualified persons; and water-fow- l, WHEREAS, we have agreed among ourselves that the seasons for as so to hunt and regulations pheasants, doves, sage grouse, rabbits, set forth hereinbelow are in the best interest of conservation, the public and tribal interest and welfare and will not be detrimental to the conservation of wildlife on the Uintah and Ouray Indian Reservation. NOW, THEREFORE, BE IT RESOLVED AND PROCLAIMED BY THE UTE INDIAN TRIBE, FISH AND WILDLIFE ADVISORY BOARD that by virtue of authority vested in the Board by delegation from the Uintah and Ouray Tribal Business Committee under ordinance by the Wildlife and Outdoor Recreation Code, approved by the Secretary of the Interior, for the following seasons, rules and regulations to hunting and taking by the thereof, shall be as follows: BE IT FURTHER RESOLVED that this proclamation applies to Tribal of the Ute Indian Tribe and Affiliated Utes that are Members, on the Final Mixed-Bloo- d Roll. 85-0- rs 1. HOURS Shooting hours shall be restriced to daylight hours, except opening day for hour pheasants will begin at 8:00 a.m. Daylight hours are defined as one-habefore official sunrise to one-hahour after official sunset. lf lf hour before sunrise Legal shooting hours for waterfowl shall be from one-haf hour after sunset on all days during said open seasons except opening day, October 5, 1985, when shooting hours will be from noon to one-hahour after sunset, and November 2, 1985, when shooting hours will be from 8:00 a.m. to one-hahour after sunset. lf to one-hal- lf lf 2. BAG AND POSSESSION LIMITS Bag limits and species authorized to be taken are those adopted by the Ute Indian Tribe. Waterfowl and other migratory bird hunting seasons adopted by the Tribe fall within the Federal Framework for migratory bird hunting and for 1985 coincide with State seasons and bag possession limits for Uintah and Duchesne Counties. Possession of a Federal Waterfowl Stamp is required to hunt waterfowl on the Uintah and Ouray Indian Reservation. Purchase and possession of a Ute Tribe Small Game permit is required for all to hunt pheasants, sage grouse, doves, ducks, quail, geese, rabbit or hare. Possession and bag limits on the Uintah and Ouray Reservation shall not be in addition to Utah State bag or possession limits for pheasant and sage grouse. Any pheasant or sage grouse taken from resevation lands will be tagged with a game kill tag. These tags will be provided by Tribal Conservation Officers while in the field, or at the Ute Fish and Wildlife office located in Fort Duchesne, 8:00 a.m. to 4:30 p.m. weekdays or Ute Tribal Police headquarters, 24 hours any day. BAG POSSESSION POSSESSION 15 30 4 2 2 2 SAME AS STATE 2 & LIMIT FEDERAL 4 10 5 3. GENERAL PROVISIONS A. Hunter Safety Course under 18 years of age must show proof of successful completion of a hunter safety course before purchasing a Ute Tribal Small Game Permit. B. Species Identification If game birds are dressed, one fully feathered wing must remain attached to each bird so as to permit species identification while being transported between the place where taken, and the personal abode of the possessor or between the place taken and a commercial preservation facility. 5 C. Restrictions for Hunters years of age hunters 5 years (inclusive) must be acccompanied by a responsible adult 21 years or older and Tribal members 16 years of age and under hunting small game must also be accompanied by a responsible adult, and must have completed a hunter safety course. D. Exhibit of Permits All while engaged in hunting, fishing or trapping or while transporting any wildlife shall be required upon demand of any Conservation Officer or any other peace officer to exhibit the required Tribal license, permit or tag; and any device or apparatus in his possession used for hunting, fishing or trapping; or any wildlife in his possession. E. Carrying of License No shall engage in hunting for protected wildlife as provided by this proclamation without first having procured the necessary 1985 Tribal small Game permits and tags as herein provided and having at the time such permits and tags on his person; nor shall any person lend, transfer, sell, give or assign his permits or tag belonging thereto or the rights granted by such permits or tags. It shall be unlawful for any person to use or have in his possession while hunting, any license or permit not issued to him. F. Hunting while under the Influence of Alcohol or Illegal Drug3 It is unlawful for any person to possess or use weapons in the pursuit of any kind of wildlife on this Uintah and Ouray Reservation while under the influence of alcohol or illegal drugs. G. Unlawful use of Motorized Vehicles It is unlawful for any person to take any upland game from an airplane or motorany other airbom vehicle. The use of cycles or snowmobiles to pursue or take upland game birds is prohibited. Airboats are prohibited on the Uintah and Ouray Reservation. 12-1- Non-memb- 12-1- three-wheeler- s, quad-runner- s, H. Checking Stations It is unlawful for any person to fail to stop at checking stations or road blockades where a stop sign or red or blue light is displayed. I. Damage of Property It is unlawful for any person on Indian lands to damage, disarrange or destroy property. It shall be unlawful for any person to hunt or shoot within 600 feet of any dwelling, house, bam, corral, feeding pen, stock yard, or any enclosure where domestic animals are kept or fed, unless the express permission of the person in lawful possession of such building or enclosure is first had and obtained. FIREARM RESTRICTIONS A. Weapons Restrictions No rifle, revolver, pistol or shotgun pellets larger than No. 2 may be used in pursuit of upland game birds and ducks and geese. It shall be unlawful to take dove, duck, or geese with a shotgun of any description capable of holding more than three (3) shells, unless it is plugged with e a filler, so its total capacity does not excede three (3) shells. No rifle or revolver than a .22 caliber reim fire or shotgun pellets larger than No. 2 may be used in pursuit of rabbits or hares. B. Unlawful Discharge of Firearms It is unlawful for any person other than peace officers in the performance of their duty, to discharge any kind of firearm from any vehicle, or from, upon, one-piec- (Continued on next page) 1. |