CHAPTER 3 - - RED CLIFF CONSERVATION COMISSION

3

There is hereby created a Red Cliff Conservation Commission, to serve as a department of Tribal government charged with administrating this Code. Its membership, term of office, powers and duties are as follows:


3.1 SECTION 1: MEMBERSHIP

3.1.1

The Red Cliff Conservation Commission shall consist of five members, to be appointed by a majority of the Tribal Council.

3.1.2

All appointees shall be members of the Red Cliff Band and shall meet the qualifications set forth in the Bylaws Article II Section 1, for nominees to the Tribal Council. At least one member shall be a commercial fisherman or one who is conversant with such fishing practices.

3.1.3

The Tribal Council shall designate one of the members as Chairman of the commission.


3.2 SECTION 2: TERM OF OFFICE

3.2.1

Commission members shall serve for one year, and may be reappointed for successive terms.

3.2.2

Such compensation as they may be entitled to receive shall be determined by the Tribal Council.


3.3 SECTION 3: POWERS

3.3.1

The Commission shall have the following powers:

3.3.2

To require the submission of information as to the size and locale of harvest of fish and other resources, both from member and non-member licensees.

3.3.3

To supervise Tribal wardens and other conservation officers as may from time to time be employed by the Tribal Council.

3.3.4

To issue fishing, hunting, trapping, logging, burning and other tags, licenses and permits to members and non-members, wherever tags, licenses and permits are required by this Code. The Commission shall retain the ultimate authority but delegate the function of issuing tags, licenses and permits to the Red Cliff Law Enforcement Office.

3.3.5

To prescribe the maximum number of licenses to be issued each year and to make exceptions to the prescribed fee schedules on behalf of some or all of the following categories: Children, the elderly, Reservation residents, Bayfield County residents, Wisconsin residents, members of other Indian tribes and spouses of members.

3.3.6

To supervise the issuance by Red Cliff Law Enforcement of daily or short term licenses at such fees as it may deem proper.

3.3.7

To set allowable harvest limits for commercial and other resource uses subject to ratification by the Tribal Council.

3.3.8

To order an emergency closure of the reservation or adjacent treaty protected areas, to fishing, hunting, trapping, logging, burning or other such activities, in order to conserve a species or prevent fire or other environmental damage. Such closure order shall cease to be effective after 30 days, unless ratified by the Tribal Council.

3.3.9

To file complaints with the Tribal Court upon probable cause to enforce the provisions of this Code.

3.3.10

To recommend to the Tribal Council regulations specifically authorized by this Code, and such other regulations as may be appropriate and necessary for the effective administration of this Code.

3.3.11

The Commission shall have the power to delegate specific parts of its powers to sub--committees and tribal offices.


3.4 SECTION 4: DUTIES

3.4.1

In addition to its general duty of exercising the powers set forth above; to promote the policies of this Code, the Commission shall:

3.4.2

Keep accurate records of all licenses and permits issued, all suspensions and revocations ordered, and all violations of this Code adjudged and reported by a court.

3.4.3

Cooperate with, and utilize the results of environmental, land use and resource studies expressly authorized by the Tribal Council.

3.4.4

Cooperate with local, state and federal officials on matters of mutual concern related to the subject matter of this Code. All agreements with such officials or governmental bodies shall be subject to ratification by the Tribal Council.

3.4.5

Upon receipt of official notification from the Wisconsin Department of Natural Resources of problems arising from the activities of tribal members in adjacent treaty-protected areas, report such problems to members of the Tribal Council and concerned tribal members, investigate such problems, and take such action, within its powers, as it deems necessary.