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Show Page 8 - UINTAH BASIN STANDARD .Tannery 10. 199Q Appear", and if not arrested for expulsion, trial, or federal prosecution, hall be escorted from the place of infraction and released. In the event person the subject of a "Notice, to Appear shall refuse to sign the same, the serving officer shall make note of die 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. Continued from preceding page Tout and salmon ! i the aggregate EXCEPT Towave Reservoir, Weaver Reservoir, Hill Creek Extension Streams Whitelish Channel Catfish Bass, smallmouth and largemouth in disaggregate Walleye Crayfish, Crawfish, Crawdads a. Contempt: All persons party to actions brought under this shall be subject to Proclamation, whether members or the civil contempt power of the Tribal Court, and may be sanctioned by any means provided far in the Ute Law and Older Code far civil contempt, including, but not limited to, imprisonment to compel compliance with a lawful court order. No Limit i ; ' ' . 8. BOAHNO NON-MEMBE- for angling year round: rs B. Areas of Boating April 7, 1990 to October 1, d. Levy Against Property; In the event a person or entity violating this Proclamation shall fail to comply with an issued Notice to Big Springs and Ponds, Cedarview Reservoir, Pole Ckeek, Rock Greek, Strawberry River, Towave Reservoir, and Hill Creek north of Towave Reservoir. C Areas open to MEMBERS of the Ute Indian Tribe and Mixed Bloods who are on the final Mixed Blood roll for angling year round: Bottle Hollow Reservoir, Midview Reservation, Towave Reservoir, Twin Potts Reservoir, Clay B asin Pond, Gulf Ponds, Lake Fork Pond, Duchesne River, Green River (Ourty area only), Lake Fork River, Pole Creek, Strawberry River, Uintah River, White River, Whilerocks River, and Yellowstone River, and HOI Greek north of Towave Reservoir. Non-India- ns (1) Boats with motors greater than 10 horsepower and jet skis. . . . 435.00 (2) Sailboats, windsurfing boards, and boats without moton or motors leu than 10 horsepower. , . . 415.00 h. Day permit rs E Operation Requirements a. Rules and regulations of the U.S. Coast Guard governing the use and safety requirements of boats will be enforced where applicable. b. No person shall operate motorboats or vessels or manipulate any water ski or similar device in a rockless or negligent manner cr while under the influence of any alcoholic beveragea, narcotic drugs, barbiturate, cr marijuana. c. No person shall operate a motorboat for the purpoac of towing a skier 18U4.C.1165: Hunting, Tapping, or Fishing on Indian Land ' 'Whoever, without lawful authority (1) Unless he can maintain a safe course with proper lookout, snd be aware of the progress ofhis skier through the properuse of a competent observer who is at least eight (8) years of age: (2) Between sunset and sunrise; (3) In such a manner as to cause tow rope, skis or rider to. collide with any objoct or person. or permission, willfully and knowingly goes upon any land that belongs to any Indian or Indian tribe, and, or group and either are held by the United States in trustor are subject to a restriction against alienation imposed by the United States, or upon any lands of the United States that are received far Indian use, far the purpose of hunting, trapping, or fishing thereon, or far the removal of game, peltries or fiah 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." Dick Hollow Greek, McAfee Basin, Chandler Geek, Corral Greek, Florence Creek, Pioche Creek and Hill Creek south of Weaver Reservoir. 4. SPECIAL REGULATIONSRESTRICTIONS A. That portion of the Green River from Chandler Canyon to Florence Ckeek is open to angling only, for members of the Ute Indian Tribe and Mixed Bloods who are on the final Mixed Blood roll. All canyons and rim areas beginning at the head of Chandler Canyon drift fence west to the Green River, and hernthoae areas south to Coal Creek are closed toall hunting. d. No person shall operate any motorboat in excess of a slow, wakeless speed within 150 feet of another boat, dock launching area, designated slow areas, person, swimmer skier, fisherman, or his equipment. ' 16 U4.C. 3371, et seq: Pursuant to 16 U.S.C. 3372, any person imparting, exporting transporting, selling, receiving, acquiring, purchasing, or possessing game in violation of this Proclamation may be subject to a civil pcnalty of $10,000 far cadi violation or criminal prosecution seeking a fine of $20JXX) andor imprisonment far not more than five yean. 5. PROHIBITIONS ' 7. PERMITS b. of the Ute Indian Tribe, 12 years of age and over, shall be required to purchase a fishing permit bom dm Ute Indian Tribe , in order to angle in any waters lying within the trust land of die Uintah and Ouray Indian Reservation. Non-memb- D. Chumming is prohibited an reservation waters. E It is unlawful to take or attempt to take game fish by any means other dii angling. Angling means fishing with one rod, pole, or troll board, held in d hand or attended by the persons angling. Each rod, pale, and troll board can have no mote than two artificial flies, or one mechanical hire. No hue shall have more lhan throe gang hooks. Attended means die angler shall be within ten (10) feet of equipment being used at all times. F. Snagging and gaffing are illegal. Snsg or gaff hooks are hooks, with or without a handle, used to take fish in such a manner that fiah do not take die hook mouth. voluntarily G. Cap, suckers, Utah chub, and bullhead catfish may be taken for personal, non commercial use from waters open to angling by angling indnr other methods EXCEPT gill nets, trammel nets, trawl nets, hoop nets, fyke nets, seine nets, electrical devices, chemicals, explosives, or firearms. One set line Cor the taking of carp, suckers, and catfish may be used only on die Green River, and then only if die line is attended at all times. A set line shill have no mom than ten (10) hooka. -- 6. PENALTIES A. Tribal members and non-U-tc Tribe Indians: Any Ute Tribal member, or Indians of any federally recognized tribe, violating any of theiules and regulations set forth herein are subject to piocecution to consist of imposition of a $200 fine andor imprisonment far a period not exceeding 90 days for each violation, and loss of all hunting and fishing paraphernalia and game confiscated at the time of arrest. In addition, violations may result in losing hisher privileges far a period of two years, after due notice and hearing before Tribal Court. B. Mixed Bloods, terminated members of dm Ute Indian Tribe: Any authorised Tribal Fish and Wildlife Officers with reasonable cause to believe that a Mixed Blood has violated any rules or regulations set forth in this ftodamatian or contained in Title VII of the Ute Law and Order Code, shill place such Mixed Blood in the custody of the proper federal agency for enforcement and prneentfion under applicable federal and Tribal laws. C. Punitive and Compensatory Damage! a. Nothing in this Proclamation shall preclude the Tribe from paying for and being awarded punitive and compensatory damages in addition to imposition of a sentence in any action filed far a violation of this Proclamation or under separate suit wherein it is alleged tint die perpetrator peifooned the act wantonly, willfully, or maliciously. ' b. The Court, in assessingpunitivesnd compensatory damages, ahall determine the amount in die same manner in which it would determine punitive and compensatory damages in any civil action. D. Enforcement a. Police Officers, Tribal Conservation Officers, and Federal Law Enforcement Officers are herewith bestowed the authority loenfonx the provisions of this Proclaim ticn, and shall be referred to hereafter as "authorized officers". r t ' b. Any authorized officer msyin cany mg out the intent end purpose of . rs, d. The 1990 Ute Tribal fishing permit expires December 31, 1990. non-memb- k. No person dull operate e motraboat on the waters of this reservation while his vision in die direction of travel is obstructed. ur L No person ahall allow his vessel to occupy space at any public loading dock in excess of a 15 minutes period unless authorized by the officer in charge. ur h In the event aseasonal fishing permit holder shall violate the aeven (7) day per thirty (30) day camping restriction above imposed, such permit holder shall be subject to immediate revocation and forfeiture of said permit, expulsion from the reservation, and p" nut as a trespasser upon tribal lands. m. Every motorboat, vessel and sailboat shall be registered, properly numbered, and have a current certificate of number (registration card) aboard, and a valid Ute Tribal permit sticker (stickers must be attached on the boat or vessel when in operation). - c. Fishing and camping by an authorized only in designated fishing end camping areas. Access to aqy areas other than designated fishing and camping areas on the reservation ia prohibited. , non-memb- F. Personal Floating Devices (PFD'a) reunions or organizations using the picnic and camping areas require permits. Reservations shall be made through die Ute Indian Tribe Fah and Wildlife Department, Ft. Duchesne, UT 84026, tL Group ; rs f. Immediate family of permit holders may camp with said permit holder or use picnic areas without coat of a permit. Immediate family shall be defined to include only the spouse and such children under die age of 18 years of die permit holder. ' a. No person may operate or give permission to operate a vessel, sailboat, or motorboat less than 16 feet in length, or a canoe or kayak unless at least one Typel Life Preserver, Type IIBuoyantVest, Type IQ Special Purpose Water Safety Bouyant Device or Type IV Buoyant Cushion or Ring Life Buoy is on board for each person. b. Each child passenger under the age of 12 years of age must wear a properfitting coast guard approved Type I, n,mPFD when aboard any vessel except when inside the cabin cr cockpit or those over 26 feet in length. c. Each perron being towed on water skies, aquaplane, or similar devices, a coast guard approved Type L Q, H PFD is recommended. Fosm water sports jacket or foam wet suit will be accepted if there is approved device aboard for such person as required. e. who are in the immediate family of an enrolled member of the Ute Indian Tribe or Mixed Blood on die final roll may camp with said member or use picnic areas of the Uintah and Ouray Reservation without cost of apermit. Immediate family shall be defined to indude only the spouse and such children under die age of 18 years of the permit holder. er 9. SCUBA DIVING ' . A. Scubs diving will be permitted in Bottle Hollow Reservoir ONLY. Each scuba diver must obtain a recreationdsy use permit to dive in reservation water. . C. Permit Fees a. Season fishing, including camping permits: 418.00 (1) 16 to 64 yean of age. 41140 (2) 12 to 15 years of age. (3) 65 yean of age and over 46.00 B. Scuba diving will only be permitted during daylight hours. ........ ay $4.00 $5.00 . $640 $740 5 -day 6 -- day 7 -- day c. Camping permits (1) Family camping 1 to 7 days, per day. (2) Group camping: 41040 Group of 5 or lot ... ....413.00 Group of 6 to 10 420.00 Group of 11 to 15 Oroupof 16to20....; Group of 21 to 30.. 42540 43040 45040 . 10. OTHER .. The Ute Indian Tribe will not be responsible for loss of property, personal injury, or loss of life due to negligence or failure to comply with tulee end regulation! as outlined in Proclamation. b. Daily fishing, including emping permit? ay $8.00 $9.00 $1040 Gaiy Poowegup, Vice Chiinnan Thomas O. Appah, Chairman Philip L. Post, Member 4540 . Groups greater than 30 For each additional day 4540 d. boaters wishing to camp on Tribal trust Unite along the Green River in DesoUtkxiQray Canyons must purchase a Ute Tribal camping ' mile of the bank of the Green Camping permit is valid to within pen CERTIFICATION i thereby certify that the ebovereaolution wu adopted by the Utelndian Tribe Fish and Wildlife Advisory Board at especial meeting held in Fort Duchesne, Utah, on (he 27th day of November, 1989, at which time aquoium was present, and by avote of 3 FOR, 0 AGAINST. Non-memb- er one-quazt- er b. Suspected violatora or damage contributonihaD sign lha"Noticato displaying an orange circle on a while background. a. Camping permits are required by of the Ute Bidian Tribe who desiretocamp within the reservation, but are included in daily and seasonal fishing permits. Use of those camping privileges, included within a seasonal fishing permit, are limited to camping by a permit holder foraperiod not to exceed seven (7) twenty-fo(24)hour periods within any given thirty (30) twenty-fo(24) hour period. 4 - day alleged. L Boat operators shall not enter areas designated "Boats Keep Out". ' . ' i.r' dm instructions Boat conform with a marker an dull operators j. B. Camping (1) Execute bench warrants issued for the detention ofpersons or entities acting in contravention of this IVoclamation; (2) Serve subpoenas or other legal documents issued in matters rising under this Proclamation; (3) 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. If an authorized officer determines that a patdcukr person has acted In contravention of this Reclamation, each officer shall haul to tha damaging or violating partya"Noticeof Appeal", toanswer for the acts h. No person, other than a Tribal Conservation Officer while in die performance ofhis duty, shall operate an air boat cn reservation waten. tion. 2 -- day a. g. Boat operators shall not allow swimming from m imanchcred vessel unless there is at least one person left aboard who ia capable of operating it property. c. The Ute Tribe only requires excluding Mixed Blnmfcwhn mmrmt rim finilMiwul lllniwt mil tribal fUhtng permit while angling upon trust lands of the Uintah and Ouray Reserva- the Proclamation: Enforcement Procedures i f. No person shall operate or offer for rent any vcaielcr motorboat which is overloaded, overpowered, or unseawOrthy, taking into consideration capacities, weather, type of construction, cr other existing conditions. Jn prevention of mishaps occurring on wsarvatitm warns, because of overloaded and overpowered motorboats cr vessels, dw Ufa Tribe Fish and Wildlife Conservation Officers may determine die safety of motorboats or vessels in reservation waters and prevent launching of said vessels. a. Tribal angling permits must be in a fisherman's possession in order to angle upon trust ijbids of die Uintah and Ourty Reservation. C. pieuseofUveordeminnowB,ganwariian-ganMfislorpaftadiepof, or preserved fish or pans thereof as bait is prohibited. i e. No person shall operate a motexboat faster than a slow, wakeless speed while any passenger is riding on exterior surface of the boat such as the bow decking, gunwales, tramsou cr motor cover or "g. unleu die boat is more than 16 fact in length, and ia equipped with adequate safeguards and ragingstoptgvmismh pass angers from falling overboard. A. Fishing B. The use of com as bait for fish is prohibited. ,45.00 (1) Boats, with or without motors. 18 U.S.C. 1164: 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 die boundary of an Indian reservation or of any Indian country as defined in Section 1131 of this tide, or (2) to give notice that hunting, trapping, or fishing is not permitted thereon without lawful authority or permission, shall be fined not more than $230 or imprisoned not more than six mondis, or both. and Mixed Bloods: ii allowed. Angling from all other floating a. Season permit: Non-Indian- s, Big Springs and Ponds, Cedarview Reservoir, and Rock Greek: April 7, 1990 to November 4, 1990. Hill Creek Extension Streams: June 9, 1990 to November 4, 1990 Weaver Reservoir May 26, 1990 to November 4, 1990 Green River, from die mouth of Chandler Canyon south to the mouth of Flosenoe Creek: June 1, 1990 to August 31, 1990. . D. Boating Permit Fees e. of an Indian (including hfixed Bloods, tribe): including Mixed Bloods who am not enrolled Indians, who violate any of the rules and regulations above act forth, or who are apprehended hunting without a permit validfy issued in accordance with this IVoclamation are subject to die fallowing federal ItatutBK D. Limited season areas open to MEMBERS and Mixed Bloods: lf C. Angling from floating waders devices is prohibited. Appearance", fail to remit any and all compensatory andor punitive damages imposed hereunder, fail to depart the Reservation upon a findingof expulsion, 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 person's confiscated or on reservation property in lieu of sums owed the Tribe or to assure the offending parties compliance with this Proclamation or orders of die Tribal Court Hill Creek Extension Streams: June 9, 1990 to October 1, 1990 Weaver Reservoir May 26, 1990 to September 30, 1990 A. Crawfish: Bottle Hollow Reservoir and Cedarview Reservoir shall be die only waters open for the taking of crawfish. Crawfish may be taken by die use of either one hook and line, one dip net, or one minnow trap. Crawfiah may be taken hour before official sunrise to one hour after only during die time of one-haofficial sunset of each day. .with or without moton. Bottle Hollow Reservoir. with or without motors, Midview Reservoir. witi . electric motors or without moton. Cedarview Reservoir. with electric moton or without moton. Twin Potts Reservoir .CLOSED Big Springs Ponds .....CLOSED Clay Basin Pond. .CLOSED Towave Reservoir .CLOSED Weaver Reservoir c. . Expulsion: Nothing in this Proclamation shall be deemed to far preclude die use of the remedy of expulsion of violation of this Proclamation under die Ute Law and Girder Code, snd any authorized officer m ay follow die procedures provided by the Law and ORder Code to initiate any action far expulsion in addition to or in lieu of any other enforcement procedure provided for by this Proclamation. 1990: E. Areas CLOSED year round for member, A. All of the Ute Indian Tribe, including Mixed Bloods who are on the final Mixed Blood roll, must purchase aUteTribal boating permit to operate boats on waters of the Uintah and Ouray Reservation. b. Trespassing: Violation of this Ifroclamation by of the Tribe triggers spontaneous revocation of any priorfy granted permission to enter the Reservation and renders the violator as a trespasser. Bottle Hollow Reservoir, Midview Reservoir, Twin Potts Reservoir, Clay Basin Pond, Gulf Panda, Lake Fork Pond, Duchesne River, Green River (Ouray area only). Lake Fork River, Uintah River, White River, Whilerocks River, and Yellowstone River. E ' . rs, A. Areas of reservation open to . .45.00 per day ........ $10.00 per day e. Recrcationdiy use permit (per person) ., 4 2.00 Persons wishing to utilize facilities on thcUintah and Ouray Rescnratlon , far picnicking, awimming, scuba diving, etc, and have notpurehaaed a tribal fishing or camping permit will be required to have erecreationday use permit in their possession. F. Other Sanctions 3. SEASONS AND AREAS OPEN TO ANGLING B. Areas of icsenratiaa open to (1) Group of 1 to 10 (2) Group of 1 1 or more.' AQoin Mvoro. Director Ute Trite Fish and Wildlife Department Published in tha Uintah Basin Standard Januaiy 10, 1990. . |