CSV.2.7.250 Commercial Harvest Regulated

(a) Purpose. The purpose of this section is to establish the regulations governing the harvest and registration of bear the meat of which, and the teeth, claws, paws or viscera when severed from the carcass of which, may be sold pursuant to this ordinance when subsequent sale or resale of the meat or such parts 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 meat or sell any tooth, claw, paw or organ when severed from the carcass pursuant to this section prior to the effective date as declared by the Tribal Governing Board in accordance with Section CSV.2.7.250(b)(1).

(1) Any member who or a group of members which possesses a valid bear 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 bear for commercial purposes on the terms and conditions prescribed by this section.

(2) Upon receipt of an application for a Commercial Harvest Permit, the tribal conservation department shall inform the Tribal Governing Board, or its designate pursuant to Section CSV.2.7.250(c)(6), below, and the Commission's Biological Services Division of the application, the bear management zone in which the applicant seeks to hunt, the time period during 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, within 2 working days of receipt of notice of the application, inform the tribal conservation department and the Tribal Governing Board, or its designate pursuant to Section CSV.2.7.250(c)(6), below, of the number of bear available for harvest pursuant to this ordinance in the management zone requested by the applicant.

(4) Within 3 working days of the receipt of this information from the Commission's Biological Services Division, the Tribal Governing Board, or its designate pursuant to Section CSV.2.7.250(c)(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.2.7.250(c)(6), below, and a decision to grant the application may impose conditions required by the Tribe upon a 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.

(d) Terms and Conditions of a Commercial Harvest Permit. A Commercial Harvest Permit:

(1) may authorize the permittee to harvest no more than the number of bear available for harvest in any one bear management zone;

(2) shall restrict the permittee's hunting of bear pursuant to the permit to only one bear management zone at any given time;

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

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

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

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

(g) General Tagging and Registration Requirements Unaffected. Except as modified by the provisions of this section, the provisions of Section CSV.2.7.070 [Bear Hunting Permits/Tags] and Section CSV.2.7.080 [Bear Registration] shall apply to members hunting pursuant to a Commercial Harvest Permit.

(h) Transfer of Entire Carcass Required.

(1) No member shall sell to any person who is not a member of a signatory tribe any bear registered under this section without transferring the entire carcass of such bear, except for the head, skin and viscera, the registration tag, and such accompanying documents as the Tribe may require to the person to whom such bear is sold.

(2)(A) No member shall sell to any person who is not a member of a signatory tribe the head or skin of any bear registered under this section without transferring the entire skin with the head, claws and teeth attached, the registration tag if it has not been or will not be transferred pursuant to Section CSV.2.7.250(h)(1), and such accompanying documents as the Tribe may require to the person to whom the skin is sold. If the registration tag is not available for transfer under this subsection because of transfer pursuant to Section CSV.2.7.250(h)(1), the member shall transfer a document indicating the carcass tag and registration tag numbers of the bear from which the skin has been removed.

(B) No member shall sell to the Tribe pursuant to Section CSV.2.7.240(c)(3) any organ of any bear registered under this section without transferring to the Tribe the information and documents required in Section CSV.2.7.240(c)(4).