Or. Admin. Code § 635-043-0150 - Burns Paiute Ceremonial Harvest Permits
Ceremonial harvest permits for use by the Burns Paiute Tribe (the "Tribe").
(1) The Commission
authorizes the harvest of deer, elk and pronghorn antelope by members of the
Tribe for ceremonial and cultural purposes in accordance with these
rules.
(2) Authorization for
ceremonial harvest permits will be considered only upon written request from
the Tribe.
(3) Authorization for
harvest shall specify the season dates, times, locations, and numbers of
permits authorized for each species.
(a)
Permits authorized shall be provided to the Tribe and may be used only by
enrolled members of the Tribe. Each permit shall specify the season dates,
times, and location where the permit is valid.
(b) Enrolled Burns Paiute Tribal members
using authorized ceremonial harvest permits must carry on their person a valid
ceremonial harvest permit, and shall present this document, as well as
documents identifying said hunter as a member of the Burns Paiute Tribe, to
Department employees or law enforcement personnel upon request.
(c) Enrolled Burns Paiute Tribal members
designated to harvest animals using ceremonial harvest permits shall not be
required to possess a state hunting license or big game tags in addition to the
ceremonial harvest permits authorizing harvest.
(d) In recognition of accepted Tribal custom,
the Commission acknowledges that Tribal authorities may designate individuals
to harvest animals using these ceremonial harvest permits. The Tribe may
designate the number of permits used by enrolled Burns Paiute Tribal members,
so long as the total harvest does not exceed the number of ceremonial permits
authorized under subsection (e) of these rules.
(e) Pursuant to a request received under
subsection (2), the Department shall issue up to eight (8) deer permits with a
bag limit of "one deer", up to fifteen (15) elk permits with a bag limit of
"one elk", and up to four (4) pronghorn antelope permits with a bag limit of
"one pronghorn", for ceremonial purposes annually. Season dates are: January 1
through last day of the Department's unit wide, Any Legal Weapon controlled 100
series hunt in the Silvies and Malheur River WMUs for deer permits, January 1
through November 30 for elk permits, and January 1 through the last day of the
Department's unit wide, Any Legal Weapon controlled hunt in the Silvies and
Malheur River WMUs for pronghorn antelope.
(f) Each permit shall be validated
immediately upon successful harvest of a designated animal by blacking out in
ink, or removing in its entirety, only the month and day of the kill. The
permit shall be attached securely to the game mammal in plain sight. The permit
shall be kept attached to the carcass, or remain with any parts thereof, so
long as the same are preserved.
(g)
Ceremonial harvest permits are valid only on federal lands and Burns Paiute
Tribal lands (Tribal trust and fee title) in the Silvies Wildlife Management
Unit, that portion of the Malheur River Wildlife Management Unit (WMU) that is
north of U.S. Highway 20, the Burns Paiute Tribal property known as the
Jonesboro property south of U.S. Highway 20 in the Malheur River WMU, and the
Buena Vista unit of the Malheur National Wildlife Refuge when also in
possession of a valid special use permit issued by the Malheur National
Wildlife Refuge. Ceremonial harvest permits cannot be used on private lands and
do not authorize trespass upon private lands to access federal or tribal lands
where landowner permission has not been obtained. Ceremonial harvest permits do
not authorize entry or use on public lands where hunting, access, or discharge
of firearms is precluded by any other statute, rule or law.
(h) Methods of take, shooting hours, and
other restrictions or limits on hunting methods, weapons and techniques all
remain the same as those pertaining to sport harvest during other Commission
authorized big game seasons, or as restricted by conditions of a special use
permit issued by Malheur National Wildlife Refuge when hunting in the Buena
Vista unit of the Malheur National Wildlife Refuge. Harvest of elk is
restricted to archery equipment only from August 15 to October 15.
(i) If a ceremonial need arises after the end
of authorized season dates and a previously issued ceremonial harvest tag from
that year was not validated for harvest, the Tribe may request a date extension
in writing.
(A) Written request must include
the cultural or ceremonial need as determined by the Tribe, the requested new
dates for hunt, and the original tag.
(B) The species on the ceremonial harvest tag
cannot be changed.
(C) The
Department will consider the request to avoid conflicts with ongoing hunting
seasons and may limit the hunt area from the description in (3)(g).
(D) If approved, the local Wildlife District
staff from the Department will provide the revalidated tag to the
Tribe.
(4) The
Tribe shall report all harvest of deer, elk or pronghorn antelope conducted
under ceremonial harvest permit to the Department on an annual basis.
(5) Animals harvested under an authorized
ceremonial harvest permit may only be used by Tribal members for ceremonial and
cultural purposes. Animals and parts thereof may not be bartered or
sold.
(6) Authorization of these
ceremonial-hunting permits does not create, convey, modify, limit, impede or
imply any tribal legal or treaty entitlement.
Notes
Statutory/Other Authority: ORS 496.138, ORS 496.012, 496.146 & 496.162
Statutes/Other Implemented: ORS 496.138, ORS 496.012, 496.146 & 496.162
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