Or. Admin. Code § 635-043-0150
Current through Register Vol. 63, No. 11, November 1, 2024
Section 635-043-0150 - Burns Paiute Ceremonial Harvest PermitsCeremonial 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.Or. Admin. Code § 635-043-0150
DFW 3-2019, temporary amend filed 01/11/2019, effective 01/11/2019 through 07/09/2019; DFW 182-2018, adopt filed 12/13/2018, effective 12/13/2018; DFW 73-2019, amend filed 06/12/2019, effective 6/12/2019; DFW 91-2020, temporary amend filed 07/14/2020, effective 7/14/2020 through 1/09/2021; DFW 153-2020, amend filed 12/17/2020, effective 12/17/2020; DFW 42-2022, amend filed 05/05/2022, effective 5/5/2022Statutory/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