CSV.1.12.040 Miscellaneous Forest Product Harvesting Restrictions

(a) Conifer Boughs. No member or duly authorized non-member shall harvest conifer boughs on reservations lands as defined in Section CSV.1.2.010(ddd) of this ordinance except as follows:

(1) Cut down or kill a tree for the purpose of gathering conifer boughs;

(2) Remove boughs from the upper half of a tree; or

(3) Gather for subsequent sale northern white cedar, hemlock boughs, birch branches, or birch poles.

(b) Princess Pine. No member or duly authorized non-member shall gather any Lycopodium species on reservations lands as defined in Section CSV.1.2.010(ddd) of this ordinance except by cutting the vertical above ground stems.

(c) Sheet Moss. No member or duly authorized non-member shall harvest sheet moss on reservations lands as defined in Section CSV.1.2.010(ddd) of this ordinance except by harvesting no more than fifty percent (50%) of a species in any particular harvest area, including leaving the edges of the patch.

(d) Lodgepoles. No member or duly authorized non-member shall harvest lodgepoles on reservations lands as defined in Section CSV.1.2.010(ddd) of this ordinance except by harvesting no more than fifty percent (50%) of a species in any particular harvest area, unless the location is a designated area as defined in Section CSV.1.12.030(b)(1)(B)(ii) of this ordinance.

(e) Red Willow or Redosier Dogwood. No member or duly authorized non-member shall harvest red willow or redosier dogwood (cornus stolonifera) on reservations lands as defined in Section CSV.1.2.010(ddd) of this ordinance except by harvesting no more than fifty percent (50%) of a species in any particular harvest area, unless the location is a designated area as defined in Section CSV.1.12.030(b)(1)(B)(ii) of this ordinance.

(f) Birch Branches. No member or duly authorized non-member shall harvest any birch branches, branchlets or stems four (4) inches and less in diameter on reservations lands as defined in Section CSV.1.2.010(ddd) of this ordinance.

(g) Birch Tree. No member or duly authorized non-member shall harvest any birch tree (betula papyrifera) or sapling five (5) inches in diameter or less on reservations lands as defined in Section CSV.1.2.010(ddd) of this ordinance.

(h) Firewood / Fuelwood. No member or duly authorized non-member shall harvest (cut) any fuelwood on reservations lands as defined in Section CSV.1.2.010(ddd) of this ordinance except as follows:

(1) Harvest fuelwood within a woodlot area as defined in Section CSV.1.2.010(p) of this ordinance, which means an area of reservation land which has been designated, marked, posted and approved by the Tribal Governing Board for fuelwood harvesting, pursuant to Section CSV.1.12.140 of this ordinance.

(2) Harvest fuelwood in a fuelwood harvesting area for their personal use with a permit or firewood punch card issued by the tribal conservation department.

(3) Harvest fuelwood in compliance with all rules, policies and guidelines pertaining to the gathering of fuelwood as approved by the Tribal Governing Board.

(4) Only cut a live tree for firewood purpose as authorized by the Tribal Governing Board or the tribal conservation department.

(5) Only cut a standing dead tree within twenty (20) feet of any road or in a designated use area as authorized by the Tribal Governing Board or the tribal conservation department.

(6) Only gather a dead tree or portion of a dead tree where any portion of the dead tree is located below the ordinary high water mark as authorized by the Tribal Governing Board or the tribal conservation department.

(7) Only use a farm tractor, rubber tired skidder, or similar vehicle for gathering firewood with the written permission of the Tribal Governing Board or the tribal conservation department after consulting with and approval of the land manager, which approval may not be unreasonably withheld.

(8) Only sell, trade, barter or engage in any other transaction involving fuelwood from reservation lands as authorized by the Tribal Governing Board or the tribal conservation department.

(9) Only harvest fuelwood in a safe, orderly manner with regard to others and access roads to the cutting areas.

(i) Ginseng. No member or duly authorized non-member shall harvest ginseng on reservations lands as defined in Section CSV.1.2.010(ddd) of this ordinance except as follows:

(1) Gather ginseng from November 1 through August 31;

(2) Harvest wild ginseng unless all seeds from the harvested plants are planted in the vicinity of the parent plants in a manner which will encourage their germination and growth. Wild ginseng seeds may not be sold or transported away from the parent plant except by express written permission from the tribal conservation department;

(3) Harvest wild ginseng unless the plant possess three (3) or more true leaves and flowering/fruit stalks. The entire stalk, minus the mature fruits, shall be kept with the plant until they are taken to the member's personal abode as defined in Section CSV.1.2.010(xx) of this ordinance.

(4) Harvest ginseng except by harvesting no more than twenty-five percent (25%) of a species in any particular harvest area.

(j) Maple Sap/Sugarbushes.

(1) No member or duly authorized non-member shall gather maple sap without a sugarbush site permit valid for a designated sugarbush area or for such other location established by the tribal conservation department in consultation with and approval of the land manager, which approval may not be unreasonably withheld.

(2) "Designated Sugarbush Area" as defined in Section CSV.1.2.010(q) of this ordinance means a specific site identified and established by the tribal conservation department for which a site management plan has been developed and for which a sugarbush site permit has been issued.

(3) The tribal conservation department may issue a sugarbush site permit to one or more members and duly authorized non-members and may impose such terms and conditions as it deems necessary or appropriate.

(4) No member or duly authorized non-member shall fail to comply with the terms and conditions of a sugarbush site permit.

(k) Unsustainable Harvest Activity. Member and duly authorized non-member compliance with tribal harvest guidelines (bmp) shall be considered sustainable harvest activity, otherwise no member or duly authorized non-member shall harvest any miscellaneous forest product in such a manner so as to impair the future viability and continued success of the miscellaneous forest product on the landscape or ecosystem from which the member or duly authorized non-member is harvesting, as conditioned by the type of miscellaneous forest product, and must take reasonable precautions to prevent unsustainable harvest activity.