[Adopted 4-21-1992 by Ord. No. 2-92]
Any treaty rights participant interested in
gathering firewood, tree bark, maple sap, lodge poles, boughs, marsh
hay or other miscellaneous forest products (except fruits, seeds or
berries not enumerated in County ordinances) from Price County owned
land shall obtain a County gathering permit from the County Forestry
Office prior to the exercise of said gathering rights.
The County Forest Administrator shall prepare an appropriate application requesting pertinent information from all treaty rights participants who seek to gather miscellaneous forest products on County forest lands. Said application shall be available upon request. Those treaty rights participants who seek to gather miscellaneous forest products shall provide proper identification and present a valid tribal membership card upon submitting an application with the County. Upon receipt of an application, the County shall respond to the gathering permit request no later than 14 days after receipt of said application. Said response shall either grant or deny the request. Should the request be denied, the reasons for said denial shall be set forth in the response of the County, including the basis for said denial with specific reference to the limitations set forth in § 398-44. Any application which is incompletely or incorrectly prepared shall be returned within said 14 days to the applicant with specific directions as to which portion or portions of said application are defective.
The gathering permit shall indicate the location
of the material to be gathered, the volume of the material to be gathered
and any additional conditions on the gathering of the material necessary
for conservation of timber or miscellaneous forest products on County
land or for public health and safety. Treaty rights participants gathering
miscellaneous forest products on County land may not be assisted in
the gathering by any person other than another treaty rights participant.
Treaty rights participants may not permit any person other than another
treaty rights participant to tend or operate equipment involved in
the gathering.
The County may not deny a request to gather
miscellaneous forest products on Price County property under the terms
of this article unless:
A.
The gathering is inconsistent with the forest management
plan for said property;
B.
The gathering will conflict with preexisting rights
of a permittee or other person possessing an approval to conduct an
activity on the property, including a contractor of the County; or
C.
It is otherwise inconsistent with conservation or
public health or safety.
Any person gathering miscellaneous forest products without first obtaining a gathering permit shall be subject to all existing penalties provided for in County ordinances, including trespass and timber theft charges. Any person who possesses a gathering permit and gathers beyond the authority granted in the permit or who causes damage to the timber or miscellaneous forest products on County land shall be assessed a forfeiture as provided in Chapter 290 of the County Code.
