CSV.2.12.040 Miscellaneous Forest Product Harvesting Restrictions

(a) Conifer Boughs. No member shall:

(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 or hemlock boughs.

(b) Princess Pine. No member shall gather any Lycopodium species except by cutting the vertical above ground stems.

(c) Sheet Moss. No member shall harvest sheet moss 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 shall harvest lodgepoles 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.2.12.030(b)(1)(B)(ii) of this ordinance.

(e) Firewood.

(1) No member shall cut any live tree for firewood.

(2) No member shall cut any standing dead tree except those standing dead trees within 100 feet of any road or designated use area.

(3) No member shall gather any dead tree or portion of a dead tree where any portion of the dead tree is located below the ordinary high water mark.

(4) No member shall use a farm tractor, rubber tired skidder, or similar vehicle for gathering firewood without written permission from the Tribe after consulting with and approval of the land manager, which approval may not be unreasonably withheld.

(f) Ginseng. No member shall gather ginseng from November 1 through August 31.

(g) Maple Sap/Sugarbushes.

(1) No member shall gather maple sap without a sugarbush site permit valid for a designated tribal sugarbush 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 tribal sugarbush" means a specific site identified and established by the tribal conservation department, in consultation with and approval of the land manager, which approval may not be unreasonably withheld, 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 may impose such terms and conditions as it deems necessary or appropriate.

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

(h) Unsustainable Harvest Activity. Member compliance with tribal harvest guidelines (bmp) shall be considered sustainable harvest activity, otherwise no 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 is harvesting, as conditioned by the type of miscellaneous forest product, and must take reasonable precautions to prevent unsustainable harvest activity.