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File #: 10-013    Version: Name: Culturally Protected Species Act of 2010
Type: Legislative Act Status: Passed
File created: 2/3/2010 In control: TRIBAL COUNCIL
On agenda: 3/15/2010 Final action: 3/14/2010
Enactment date: 3/14/2010 Enactment #: LA-10-10
Title: A LEGISLATIVE ACT AMENDING TITLE 29 - GAME AND FISH OF THE CHEROKEE NATION CODE ANNOTATED; AMENDING LEGISLATIVE ACT 36-06, THE "CHEROKEE NATION HUNTING AND FISHING CODE"; ESTABLISHING PROVISIONS FOR CULTURALLY PROTECTED SPECIES
Sponsors: Cara Cowan Watts, S. Joe Crittenden, Jodie Fishinghawk, Janelle Fullbright, Tina Glory Jordan, Don Garvin, Buel Anglen, Julia Coates
Indexes: Fishing, Hunting
Code sections: Title 29 - Game and Fish
Attachments: 1. LA-10-10
Related files: LA-36-06, 21-006
Title
A LEGISLATIVE ACT AMENDING TITLE 29 - GAME AND FISH OF THE CHEROKEE NATION CODE ANNOTATED; AMENDING LEGISLATIVE ACT 36-06, THE "CHEROKEE NATION HUNTING AND FISHING CODE"; ESTABLISHING PROVISIONS FOR CULTURALLY PROTECTED SPECIES
Body
BE IT ENACTED BY THE CHEROKEE NATION:

Section 1. Title and Codification

This act shall be known as the “Culturally Protected Species Act of 2010” and codified as Title 29 Section 108D of the Cherokee Nation Code Annotated.

Section 2. Purpose

The purpose of this act is to protect species that have cultural significance to the Cherokee Nation and its people.

Section 3. Legislative Authority

Article VI Section 7 of the Cherokee Nation Constitution states “The Council shall have the power to establish laws which it shall deem necessary and proper for the good of the Nation, which shall not be contrary to the provisions of this Constitution. The style of all bills shall be: “Be It Enacted by the Cherokee Nation.”

Section 4. Legislative History

Legislative Act 36-06, effective January 10, 2007.

Section 5. Substantive Provisions of Law

Title 29 CNCA 108D is hereby amended to add the following:

D. The Department shall work with the Environmental Protection Commission and other departments of the Nation to identify and protect plant and animal species of special concern to the Nation and important habitats. For purposes of this Code, “species of special concern” should include, but is not limited to, any species listed as endangered, threatened or rare by the federal government, states, and other tribal nations., and any “Culturally Protected Species” identified by Cherokee Nation, pursuant to the following rules:
1. Definitions
a. “Culturally Protected Species” includes
i. Bald Eagle;
ii. Black Bear;
iii. Mountain Lion (aka Puma, Cougar, etc.) and
iv. Any other plant, animal or aquatic species designated as a Culturally Protected Species as determined by regulations established by the Natural Resources Department an...

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