3.15.010 Commercial Fishing Vessel Safety Regulations

(a) Purpose and applicability. The purpose of this this chapter is to protect members engagement in commercial fishing activities pursuant to the rights reserved by the Tribe in the Treaty of 1842, 7 Stat. 591, and the Treaty of 1854, 10 Stat. 1109. The provisions of this this chapter apply to any vessel engaged in commercial fishing activities in Lake Superior that is owned or operated by a tribal member who possesses a commercial fishing license or permit from the Tribe. No member shall fail to comply with any requirement set forth in this this chapter.

(b) Relationship to Agreement with Coast Guard. This this chapter shall be construed consistent with the purposes and provisions of the proposed Memorandum of Understanding between the Bad River Band of the Lake Superior Tribe of Chippewa Indians and the United States Coast Guard, as may be amended from time to time, should the Memorandum of Understanding be ratified by the Tribe. Upon its ratification, the Memorandum of Understanding shall be incorporated by reference herein as if set forth in its entirety.

(c) Definitions. For the purposes of this this chapter, the following terms mean:

(1) "Commercial Fishing Vessel" or "Vessel"- A boat owned or operated by a tribal member that is that engaged in commercial fishing activities under tribal license or permit. "Commercial Fishing Activities" - Any activity undertaken while a tribal

(2) member is operating a commercial fishing vessel for the purpose of harvesting fish under a tribal commercial fishing license or permit.

(3) "Conservation Department" - The Tribe's conservation department, including any tribal warden or member of the biological staff.

(4) "Serviceable" - Any required equipment or device must be in good working order and ready for immediate use, and must have been inspected, cleaned, repaired and/or tested in accordance with manufacturer guidelines and Coast Guard rules.