CSV.2.6.190 Level 2 Commercial Harvest Established and Regulated

(a) Purpose. The purpose of this section is to establish the regulations governing the harvest and registration of deer the meat of which may be sold pursuant to this ordinance where subsequent sale or resale of the meat of more than 10 deer to non-members is contemplated.

(b) Effective Date.

(1) The provisions of this section shall not take effect until such time as the Tribal Governing Board specifically declares them effective by an enabling resolution.

(2) No member shall sell any deer meat pursuant to this section prior to the effective date as declared by the Tribal Governing Board in accordance with Section CSV.2.6.190(b)(1).

(c) Level 2 Commercial Harvest Generally. A member who obtains a Level 2 Commercial harvest permit pursuant to this section and who lawfully harvests and registers deer pursuant to the permit may sell to any person only the whole carcasses (except for the head, skins and hooves) of any of those deer, provided the member:

(1) complies with level 2 commercial harvest provisions of this section;

(2) complies with the terms and conditions of the enabling resolution of the Tribal Governing Board enacted pursuant to Section CSV.2.6.190(b)(1); and

(3) otherwise complies with the provisions of this ordinance applicable to deer hunting.

(d) Level 2 Commercial Harvest Permit Application.

(1) Any member who possesses a valid deer hunting permit may apply on such forms as the Tribe may prescribe to the tribal conservation department for an additional permit authorizing the harvest of deer for level 2 commercial purposes on the terms and conditions prescribed by this section.

(2) Upon receipt of an application for a Level 2 Commercial Harvest Permit, the tribal conservation department shall inform the Tribal Governing Board, or its designate pursuant to Section CSV.2.6.190(d)(6), below, and the Commission's Biological Services Division of the application, the management unit in which the applicant seeks to hunt and such other relevant information as is included in the application.

(3) The Commission's Biological Services Division shall, when necessary, within 2 working days of the receipt of notice of the application, inform the tribal conservation department and the Tribal Governing Board, or its designate pursuant to Section CSV.2.6.190(d)(6), below, of the number of antlerless deer available for harvest pursuant to this ordinance in the management unit requested by the applicant and of the number of antlerless deer permits which may be issued for that unit in accordance with the provisions of Section CSV.2.6.050(h) [Limitations on the Number of Antlerless Deer Permits].

(4) Within 3 working days of the receipt of this information, the Tribal Governing Board, or its designate pursuant to Section CSV.2.6.190(d)(6), below, in consultation with the tribal conservation department and the Commission's Conservation Enforcement Division, shall grant or deny the application, and shall notify the applicant as soon as practicable of its decision.

(5) The decision to grant or deny the application shall be exclusively within the discretion of the Tribal Governing Board, or its designate pursuant to Section CSV.2.6.190(d)(6), below, and a decision to grant the application may impose conditions required by the tribe upon a Level 2 Commercial Harvest Permit which are more restrictive than the conditions imposed by this section.

(6) The Tribal Governing Board hereby designates its Voigt Intertribal Task Force Representative(s) to exercise its powers under this section. Any decision by such designate under this section is subject to review by the Tribal Governing Board upon request of the applicant.

(e) Terms and Conditions of a Level 2 Commercial Harvest Permit. A Level 2 Commercial Harvest Permit:

(1) subject to the provisions of Section CSV.2.6.050(h) [Limitations on Number of Antlerless Deer Permits], may authorize a member or group of members to harvest any number of antlered deer and when necessary, no more than the number of antlerless deer which remain available for harvest from the tribal quota in any one deer management unit;

(2) shall restrict the member's hunting of deer pursuant to the permit to only one deer management unit at any given time;

(3) shall require the permittee to register all deer harvested pursuant to the permit at a tribal registration station located within the management unit for which the permit is valid or within an adjoining unit provided the deer is transported directly to a registration station in that adjoining unit on federal or state highways; and

(4) shall require that all members named on the permit possess an official copy of the permit and at least one valid carcass tag while hunting pursuant to the permit.

(f) Registration of Entire Carcass Required. When registering a deer under a Level 2 Commercial Harvest Permit, a member shall present the entire deer carcass for registration to an authorized registering official and no registering official shall register a deer under this section unless the entire carcass is presented for registration.

(g) Registration Tag Required. Upon registration, the registering official shall affix a level 2 commercial harvest registration tag to the carcass.

(h) General Tagging and Registration Requirements Unaffected. Except as modified by the provisions of this section, the provisions of Section CSV.2.6.050 [Deer Hunting Permits/Tags], including the requirements of Paragraph 5 of the Voigt Intertribal Task Force Protocol Noodawaawaashkeshiwe (Antlerless Deer Harvest) Levels and State Park Hunter Density Levels, which was adopted on May 26, 1989 and amended on August 7, 2008 and October 7, 2010, and of Section CSV.2.6.060 [Deer Registration] shall apply to members hunting pursuant to a Level 2 Commercial Harvest Permit.

(i) Transfer of Entire Carcass Required. No member who has harvested and registered any deer pursuant to this section shall sell such deer without transferring the entire carcass of such deer, except for the head, skin and hooves, the registration tag, and such accompanying registration documents as the Tribe may require to the person to whom such deer is sold.