Oregon Administrative Rules › Chapter 635 - DEPARTMENT OF FISH AND WILDLIFE › Division 43 - OTHER REGULATIONS: MISCELLANEOUS PERMITS AND RECORDS › Section 635-043-0150 - Burns Paiute Ceremonial Harvest Permits

Current through Register Vol. 63, No. 7, July 1, 2024
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.