Resolution No. 2023-34 — Adoption of Slow No-Wake Ordinance Affecting Billy Boy Flowage to the Lac Courte Oreilles Tribal Code of Law
WHEREAS, the Lac Courte Oreilles Band of Lake Superior Chippewa Indians is a federally recognized Indian tribe ("Tribe") organized pursuant to the provisions of the Indian Reorganization Act of 1934, 25 U.S.C. §5101, et seq.; and,
WHEREAS, the Tribal Governing Board serves as the governing body of Lac Courte Oreilles Band of Lake Superior Chippewa Indians pursuant to Article III, § 1 of the Amended Constitution and Bylaws of the Lac Courte Oreilles Band of Lake Superior Chippewa Indians; and
WHEREAS, the Tribal Governing Board is empowered by Article V, Section 1(f), in pertinent part, to manage, lease, permit or otherwise deal with tribal lands, interests in land or assets; and
WHEREAS, the Tribal Governing Board is empowered by Article V, Section 1(p), to regulate by enactment of ordinances, the activities of hunting, fishing, ricing, trapping or boating by members and non-members of all lands and waters described in Article I, Section 1; and
WHEREAS, the natural resources of the Lac Courte Oreilles Reservation, and those natural resources within the ceded territory under the Treaties of 1837 and 1842, hold great ecological, economic, and cultural value; and
WHEREAS, the adoption of an ordinance for a no-wake zone in Billy Boy Flowage will provide protection for the wild rice and its growing environment.
NOW THEREFORE BE IT RESOLVED, that the Tribal Governing Board hereby adopts CSV.2.14.110 Slow No-Wake Affecting Billy Boy Flowage as drafted, below, and requests the adopted code be published on the Lac Courte Oreilles Law Library.
Section 1.
Section CSV.2.14.110. Slow No-Wake Affecting Billy Boy Flowage
(a) No person shall operate a boat faster than slow-no-wake in the waters of Billy Boy Flowage of the Couderay River, located in the Town of Sand Lake, on the Lac Courte Oreilles Reservation, Sawyer County, Wisconsin, beginning at the bridge which marks the intersection of County Highway E with the Couderay River in the Southwest Quarter of Section Eight (8), Township Thirty-nine (39) North, Range Eight (8) West, thence westerly and southerly, following the course of the Couderay River and Billy Boy Flowage and ending at the Billy Boy Dam which is located near the South line of Section Nineteen (19), Township Thirty-nine (39) North, Range Eight (8) West, at any time.
(b) The Lac Courte Oreilles Conservation Department shall place and maintain a copy of this ordinance at all public access points to the Billy Boy Flowage within the jurisdiction of the Reservation.
(c) Violators will pay $250 for each offense of this ordinance.
CERTIFICATION
I, the undersigned, as Secretary/Treasurer of the Lac Courte Oreilles Tribal Governing Board, hereby certify that the Tribal Governing Board is composed of seven (7) members, of whom 5 being present, constituted a quorum at a meeting thereof, duly called, convened, and held on this 3rd day of April, 2023, that the foregoing Resolution was duly adopted at said meeting by an affirmative vote of 4 members, 0 against, 0 abstaining, and that said Resolution is a lawful act of the Tribe.
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Tweed Shuman, Secretary/Treasurer
Lac Courte Oreilles Tribal Governing Board