Commission Regulations

REG. 001 - Definitions
REG. 002 - Time and Methods
REG. 003 - Unit Boundaries
REG. 004 - Restricted Areas
REG. 005 - Black and Salt River Special Use Areas
REG. 006 - Watercraft
REG. 007 - All Terrain Vehicles (ATV's)
REG. 008 - Non-Member Recreation
REG. 009 - Commercial Videos/Filming Of Wildlife
REG. 010 - Guides and Outfitters
REG. 011 - Fishing Tournaments
REG. 012 - Harassments of Game Animals
REG. 013 - Conservation Fund
REG. 014 - Habitat Stamp Fund
REG. 015 - Antler Harvest Permit
REG. 016 - Check Points/ Check Stations
REG. 017 - Camping During Malay Gap Elk Hunts
REG. 018 - Access By Hunters Hunting on Public Land
REG. 019 - Dangerous Seriously Threatening Animal
REG. 020 - Closure of North End of Talkalai Lake
REG. 021 - Rock Climbing Reservation Wide
REG. 022 - Annual Permits & Licenses Sale
REG. 023 - Threatened & Endangered Species
REG. 024 - Temporary Structures

REG 001 - DEFINITIONS

A. Member - Any person who is an enrolled tribal member of the San Carlos Apache Tribe.

B. Non-Member - Any person who is not an enrolled member of the San Carlos Apache Tribe, with the exception of non-member spouse.

C. Non-member spouse- any person who is not an enrolled tribal member but who is legally married to an enrolled member of the San Carlos Apache Tribe.

D. “Big game” is antelope, bear, deer, elk, javelina, mountain lion, sheep and turkey.

E. “Small game” is cottontail rabbit, mourning and white-wing dove, band-tailed pigeon, Abert squirrel, Gamble’s quail, Mearn’s quail, scale quail, pheasants and waterfowl. (Waterfowl regulations are addressed in a commission order separate from the others.)

F. “Predators” are coyotes, bobcats, and foxes.

G. “Fur bearing animals” are muskrats, raccoons, coatimundi, opossums, otters, mink, badgers, and ringtail cats.

H. “Restricted Areas” are areas that are closed to all activities by non-members and non-member spouse, and non-member BIA or tribal employees, except as stated in the commission orders.

I. “Unprotected Mammals” are Norway rats, house mice, skunks, jackrabbits, pack rats and ground squirrels. Unprotected birds are starlings and house sparrows.

J. “Protected Mammals” are all other animals that are not classified as “Unprotected,” especially those under the Federal Endangered Species Act, except those addressed in San Carlos Recreation and Wildlife Commission Rules, Regulations or Orders, and those addressed as such may only be harvested in the method described or implied in said Rule, Regulation or Order.

K. “Angling” means the taking of fish by one (1) line with two (2) or less hooks, or by one line and one artificial lure which may have more than one hook or by one line with two or less artificial flies, lures or legal bait.

L. “Game fish” are trout of all species, smallmouth and largemouth bass, crappie, bluegill, sunfishes and catfish of all species.

M. “Trout” means all species of the family Salmonidae.

N. “Aquatic wildlife” consists of fish, amphibians, waterdogs, mollusks, crustaceans and soft-shelled turtles, excluding threatened and endangered fish species and leopard frogs.

O. “Legal Bait Species” consist of water dogs, fathead minnows, mosquito minnow, and crayfish.

P. “Water Craft” means any boat designed to be propelled by machinery, oars, paddles or sails for navigation upon the water, or as defined by other Commission rules, regulations or orders.

Q. “Hunting year” is from August 1 to July 31 of the following year.

R. “All-terrain vehicles” or “ATV” are vehicles that are designed primarily for recreational non-highway all-terrain travel. This definition includes vehicles designed for recreation non-highway all-terrain travel that include two-wheel drive vehicle, dune buggy, amphibious vehicle, ground effects or air cushion vehicle, utility vehicles of all weight and sizes (I.E. Golf carts etc.) and any other means of land transportation deriving motive power from a source other than muscle or wind.

S. “Driving cross country” and “driving off-road”, means driving off the main or established roadways (paved or dirt).


REG 002 - TIME AND METHODS

A. Shooting hours, unless otherwise specified in other Commission Rules, Regulation or Orders, are one-half (1/2) hour before sunrise and one-half (1/2) hour after sunset.

B. Tribal members shall have in their possession a valid tribal ID for the purposes of purchasing hunting, fishing, and guiding permits.

C. Hunting an shooting firearms shall not be allowed within 1 mile from any established residential and business area in san Carlos, Peridot, Seven Mile Wash, Gilson Wash and Bylas District.

D. Firearms cannot have a cartridge in the chamber while in a vehicle, except for Department and other agency personnel while conducting their official duties.

E. Any person of legal age and licensure for a handgun may carry unconcealed handguns for personal protection purposes.

F. Tribal members may use crossbows for hunting unprotected species.

G. Big game may be taken only with the following weapons.

1. Center fire rifles

2. Center fire handguns.

3. Bows having a standard pull of forty or more pounds, using arrows with broad heads not less than 7/8 inches in width with metal cutting edges. Open-on-impact broadheads are not allowed.

4. Black powder rifles.

5. In addition to the weapons authorized above, turkey and javelina may be taken with .22 magnum rim fire rifles, 5 mm rim fire rifles and .17 calibers. Turkey may also be taken with shotguns shooting shot.

H. The following devices and ammunition are prohibited for the taking of any protected wildlife on San Carlos Apache Reservation and shall not be possessed while taking such wildlife.

1. Fully automatic firearms, including firearms capable of selective automatic fire.

2. Tracer ammunition or armor piercing ammo designed for military use, except full-jacketed bullets, which may be used for predators.

3. Shotguns larger than ten gauge or shotguns capable of holding more than two shells in the magazine, unless plugged with one-piece filler that limits the magazine capacity to two shells, incapable of removal without disassembling the gun.

4. Semi-automatic center fire rifles with a magazine capacity of no more than five cartridges.

5. Contrivances designed to silence, muffle, or minimize the report of a firearm.

6. Poisoned projectiles, or projectiles containing explosives. Exception: Personnel from the San Carlos Recreation and Wildlife Department, the United States Fish and Wildlife Service, etc. may use these projectiles in performance of their official duties.

I. Except for unprotected species or coyotes, no animal killed may be abandoned in the field. All reasonable efforts must be made to avoid the waste of meat of small game, gamefish, bears, turkeys, and ungulates, and the hides of predators, mountain lions, and bears.

J. No animal may be taken with a firearm at night with the exception of raccoons which may be taken with the use of an artificial light, provided that the light is not attached to, or operated from a vehicle. Recreation & Wildlife Department personnel shall be exempt from this regulation when in the performance of their official duties.

K. Predators may be taken with bows and arrows and all legal firearms. Predators may not be taken with any fully automatic weapon.

L. No predator hunting shall be allowed in the month of September in the Dry Lake, Hilltop, and 9-Mile trophy elk hunt units.

M. Calling or attempting to call or attract wildlife with electronic calls is prohibited, except for when hunting predators and mountain lions. Recreation & Wildlife Department personnel shall be exempt from this regulation when in the performance of their official duties.

N. Small game birds may be taken with shotguns shooting shot, 22 caliber, BB or pellet gun, slingshot, and bow and arrows.

O. Turkeys shall not be taken while roosting in trees.

P. Non-members may use dogs only for small game unless otherwise specifically authorized by a rule, regulation, or order of the Recreation & Wildlife Commission. Such doges must be collared with the dog owner’s identification.

Q. Tribal Members must use their own dogs to hunt mountain lions, bears, and small game. Such doges must be collared with dog owner’s identification.

R. Dogs may be used to hunt mountains lions and bears during the non-member hunts, however the dogs must be owned by a legally licensed tribal member guide and guide must be with the hunter while in the field with the dogs. Such doges must be collared with dog owner’s identification.

S. No person shall use any substance as bait at any time to attract or take any bear on the San Carlos reservation. Recreation & Wildlife Department personnel shall be exempt from this regulation when in the performance of their official duties.

T. Non-member big game hunters shall submit a photo of the animal they have taken and a completed hunter questionnaire to the Department within 14 days after the last day of the hunt.

U. Any hunter killing a game animal that is inedible for some reason such as, it is diseased, can be issued another tag free of charge as long as the first kill is tagged, reported to and verified by the Recreation and Wildlife Department Law Enforcement or Wildlife Management.

V. Radio collared and/or ear tagged wildlife may be harvested if the species, management unit, and season is legal for the hunter’s tag. The radio collar and/or ear tags must be returned to the Recreation and Wildlife Department within 5 days of harvest.

W. Aerial reconnaissance and/or aerial scouting for game animals is prohibited except for Department and other agency personnel while conducting their official duties.

X. Non-members big game hunters may scout 72 hours immediately before their hunt with a valid big game permit.

Y. Non-member big game hunting permits shall become invalid 24 hours after the game is harvested.

Z. Trapping

1. Lawful taking devices

a) Steel leg hold traps which do not have toothed jaws and which have jaw spreads that have less than seven and one-half (7 1/2) inches. Leg hold traps may have greater jaw spreads for underwater sets.

b) Conibear or other instant kill traps with jaw spread of less than five (5) inches (terrestrial and aquatic sets).

2. Procedural requirements:

a) Only persons fourteen (14) years or older are permitted to trap. Trapping permits are required for all persons fourteen years of age or older. Permits are available at the San Carlos Recreation & Wildlife Department Office.

b) Every trapper shall inspect his traps daily and kill or release all predatory and fur-bearing animals trapped. A trapper shall release without additional injury, all animals he trapped that he cannot lawfully keep. Every trapper shall possess while in the field a device designed or manufactured to restrain trapped animals so that they can be removed from the traps when their release is required by this rule including a choke restraint device sufficient to release a javelina.

c) Traps must not be set within one-fourth mile of a boat launching area, a picnic area, a camping area, or a roadside rest area developed for public use.

d) Traps must not be set within one mile of any occupied residence or building without permission of the owner or resident.

e) Traps must not be set within one hundred yards of interstate highway 70 or within 25 yards of any other road on the San Carlos reservation.

f) Traps must not be set within thirty feet of a sight-exposed bait. “Sight- exposed bait” means any animal or parts thereof on the ground or suspended in a manner that it can be seen from above. This does not include dried or bleached bones with any tissue attached or small amounts of paste type baits or trap flags. “Trap Flag” means any attractant made from materials other than animal parts suspended at least three feet above ground.

g) The use of any type of trap other than those specifically mentioned in the previous sections is prohibited.

h) Every trapper shall file a complete written report with the San Carlos Recreation & Wildlife Department by April 1 of each year. Report forms are available at the San Carlos Recreation & Wildlife Department office.

i) All traps shall be plainly identified with the name and address of the owner legibly marked on a metal tag attached to the trap. The owner is responsible for the legibility of the tag. Traps not properly tagged will be confiscated.

j) All trappers shall not dispose of any carcass within one-half (1/2) mile from any campsite, facility or known camping area.

AA. Lawful fishing methods:

1. All game fish species may be taken only by angling. Only carp may be taken with bow and arrow only on the San Carlos Lake, Talkalai Lake, and the Gila River.

2. Fathead minnows and mosquito minnows are the only live baitfish that may be possessed or sold, for use on the San Carlos Lake or Talkalai Lake. The use of live baitfish is strictly prohibited on all other San Carlos waters.

3. Amphibians (except leopard frogs), waterdogs, mollusks, crustaceans and soft-shelled turtles may be taken by angling or with any handheld non-motorized implement, which does not discharge a projectile. In addition, they may be taken with lawful minnow traps with dimensions not to exceed 12 inches in depth, 12 inches in width and 24 inches in length.

4. Only members are allowed to commercially harvest legal bait species on the San Carlos reservation. A Recreation and Wildlife bait collection permit is required to commercially harvest legal bait species. The introduction or stocking of these species into any waters on the San Carlos Apache Reservation is strictly prohibited.

5. Bullfrogs may be taken only by angling, spear, bow and arrow, dip net, or by hand.

6. Aquatic wildlife may be taken night or day. Artificial light may be used.

7. It is unlawful for any person to leave a line or pole unattended while fishing.

8. Tribal Members can use up to two poles with a valid fishing permit.

9. A non-member may use two poles only with a valid San Carlos reservation two-pole permit.

10. A fishing permit is required for all non-members twelve (12) years of age or older for taking aquatic wildlife on the San Carlos reservation. The spouse and children of the fishing permit holder under 18 years of age may accompany the permit holder. A fishing permit also allows the holder to camp on the San Carlos reservation for the period covered under the permit. The spouse and children of the fishing permit holder under 18 years of age may accompany the permit holder.

11. Non-member children under the age of twelve (12) do not need a permit to take aquatic life but must be accompanied by an adult who does have a valid San Carlos fishing permit.

12. Daily fishing permits will expire 24 hours from the time of purchase.

13. A Black River and Salt River Special use permit is required by non-members for fishing and camping on the Black River, Salt River, and Bear Wallow Creek, by all person twelve (12) years of age or older. Children of the permit holder/s may accompany the permit holder without an additional permit/s.

14. Any fish taken on the San Carlos Reservation must have the head or tail or skin attach so that species can be identified.

15. Game fish must be killed before they are transported from the waters where taken.


REG 003 - UNIT BOUNDARIES

Unit 26-A. That portion of the San Carlos Reservation beginning at Black River Crossing; westerly along the north reservation boundary, southerly along the west reservation boundary; east along the south reservation boundary to Coolidge Dam; easterly along the Gila River to the San Carlos River; northerly along the San Carlos River to Seven Mile Wash; westerly along Seven Mile Wash to road 1100; northerly along road 1100 to the point of beginning.

Unit 26-B. That portion of the San Carlos Reservation beginning at the junction of the Gila and San Carlos Rivers; northerly along the San Carlos River to Seven Mile Wash; westerly along Seven Mile Wash to 1100 road; then northerly along the 1100 road to Black River Crossing; easterly along the north reservation boundary to Military Trail; southerly along the Bloody Basin road to Pole Corral; then southerly along road 1500 to the Old Summit logging trail (road 1520); southerly to Ash Creek Ranch and south to 1000 road then easterly to R100 boundary then south to reservation boundary then south along the reservation boundary to the Gila River; westerly along the Gila River to the point of beginning.

Unit 26-C. That portion of the San Carlos Reservation beginning at the junction of the Military Trail and the Black River, easterly along the north reservation boundary; southerly along the east reservation boundary; westerly along reservation boundary to R100 boundary to the 1000 road, then westerly to the 1530 road, then northerly along the 1530 road and the Old Summit logging trail (road 1520) and 1500 road to Pole Corral; then northerly on the Military Trail (Bloody Basin) to the point of beginning.

Malay Gap– That portion of the San Carlos Reservation that is north and east of following boundaries; beginning at the Black River pump station, southeasterly on road 1560 to road 2000, then to road 2004, then to the Black River Weir station, then along the flow of the creek to Willow Creek to the eastern reservation boundary near the Eagle Creek ranch, then northerly along the reservation boundary to the Black River, then west along the Black back to the point of beginning.

Dry Lake Trophy Elk Unit– That portion of the San Carlos Reservation that is south and west of the Malay Gap Subunit, and the area bounded by the following roads: beginning at Wooden Crossing, south along Lost Mule road (1504 Road) to the 1500 Road, southwesterly on 1500 road to the 1200 road, then southeasterly to the 1000 road, then southeasterly on 1000 to 1600 road, then southeast on 1600 road to the 1700 road, then southeast on 1700 road to the eastern reservation boundary, then north on east reservation boundary to Willow Creek., then up to the head waters of Willow Creek to road 2004, then to the 2000 road, north on the 2000 road to the 1560 road, northwest on 1560 road to Black River Pumping Station and west on the north reservation boundary to the point of beginning.

Dry Lake Antlerless Elk- All the above listed in the Dry Lake Trophy Elk unit excluding R-100 hunting unit.

Hilltop Elk Hunt Unit – Western reservation boundary beginning at road 950, along the 950 to road 900, then easterly to road 1100, then northerly to road 1200, then easterly to road 1500, then northerly to road 1504, then northerly to the Black River, then westerly along reservation boundary to the point of beginning.

Unit 26-D. That portion of the San Carlos Reservation beginning at Coolidge Dam and going south along the western reservation boundary; then easterly along the south reservation boundary to the eastern reservation boundary; north along the eastern reservation boundary to the Gila River, then westerly to the point of beginning.

Unit D-East – The southern reservation line at road 540 then northerly along road 540 to the Gila River, then easterly along the Gila River to the reservation boundary line, then southerly along the boundary line to the point of beginning.

Unit D-West – Beginning on the southern boundary of the reservation at road 540, then northerly to the Gila River, then westerly to the reservation boundary, then along the reservation boundary to the point of beginning.

R100 unit- Beginning at the western R-100 boundary fence and the reservation boundary, then northerly along the R-100 boundary fence to Nantac Rim, then easterly along the northerly R-100 boundary fence, then southerly along the eastern R-100 boundary fence, to the reservation boundary, then westerly along the reservation boundary to the point of beginning.

NINE MILE Elk Unit- Begin at the southeast reservation boundary at road 1700, then westerly along the reservation boundary to Hwy 70, then westerly on Hwy 70 to Rd 1000 junction, then north along Rd 1000 to Rd 1600 junction, then easterly on Rd 1600 to Rd 1700 junction, then easterly on Rd 1700 to point of beginning.


REG 004 - RESTRICTED AREAS

A. Unit D - Closed to all activities by non-members except as stated in other commission rules, regulations, or orders. Fishing along the south shore of San Carlos Lake is allowed with fishing permit.

B. R 100 - Closed to all activities by non-members except, as stated in other commission rules, regulations or orders.

C. No hunting is allowed in the farm fields along the San Carlos River and Road 500.

D. Access to the Gila River below Coolidge Dam through the San Carlos Apache Indian Reservation (Unit A) by any non-member for the purpose of rafting, kayaking, boating, or any other water navigational type of activity on the Gila River is prohibited. An exception to this rule will be Government officials conducting their official duties.

E. The Ash Creek Drainage area in Unit D within the loop created by, road 300 and 320 is closed to non-members during the Desert Bighorn Sheep hunt.

F. Closure of north end of Talkalai Lake - All boaters and fishermen (members and non-members) are restricted from the north end Talkalai Lake from December 1, through June 30 of each year. The restricted area shall be clearly marked with buoy line from the east shore to the west shore of the lake.

G. San Carlos river bald eagle breeding area-closed to all activities including: ATV’s, wood cutting, vehicles, hikers, horseback riders, bicyclers, hunters and fishermen.


REG 005 – BLACK & SALT RIVER SPECIAL USE AREAS

A. The Black River and Salt River are considered Special Use Areas.

B. Non-members going to the Black River or Salt River areas for any activities other than hunting must have in their possession a Black River Special Use permit. This permit allows access to the Special Use areas for camping, and fishing for the length of time specified on the permit.

C. No family, group, or yearly permits are available for the Special Use areas.

D. The Special Use also allows the person purchasing the permit, to fish in any other waters on the San Carlos reservation, except R100 and Unit D waters.

E. Rafting, kayaking, boating, and any other water navigational type of activity on the Black River and Salt River anywhere east of the Salt River canyon bridge is prohibited.


REG 006 - WATERCRAFT

A. Procedural Requirements:

1. Any person, who is not a Member or a non-member spouse, who operates any watercraft on any of the waters on the San Carlos reservation, must have on his person, a San Carlos Apache Tribe boating permit. The boating permit may be an annual permit or a daily permit.

a) The use of float tubes does not require a watercraft permit.

2. A boating permit covers only the watercraft. The individuals operating the watercraft will also need a recreation permit or fishing permit.

3. Gasoline operated motors may be used only on the San Carlos Lake and Talkalai Lake. Gasoline operated motors are prohibited on all other lakes or ponds, except that law enforcement officers and Wildlife Management personnel while on authorized duty, or emergency watercraft operated under emergency situations, may use any gasoline operated motors on any lake or pond on this Reservation.

4. The maximum horsepower for gasoline engines on Talkalai Lake is 15.

5. Any watercraft or vehicle sunk in any reservation waters must be retrieved by the owner within 24 hours of the sinking incident. If the watercraft or vehicle is not retrieved by the owner within the required time, the Recreation & Wildlife department will have watercraft/vehicle removed and the expense to have it removed will be charged to the owner.

6. Personal Flotation devices:

a) All watercraft except sailboards shall carry U.S. Coast Guard approved personal flotation devices of the type and category prescribed by rules, regulations, or orders of the San Carlos Apache Recreation & Wildlife Commission. There shall be one such device in good and serviceable condition for each person on board and placed so as to be readily accessible for immediate use.

b) Any person being towed behind a watercraft shall wear a buoyant belt or personal flotation device while being towed, except for a performer engaged in a professional exhibition.

c) A child twelve (12) years old or less on board a watercraft shall wear a U.S. Coast Guard approved Type I, Type II or Type III personal flotation device whenever the watercraft is afloat.

7. All watercraft, unless exempted by the commission, carrying as fuel any volatile liquid having a flash point of one hundred ten degrees Fahrenheit or less shall have aboard a readily accessible U.S. Coast Guard approved fire extinguisher in a condition available for immediate and effective use.

8. All watercraft using gasoline as fuel, except outboard motors, shall attach to the carburetor or carburetors a U.S. Coast Guard approved backfire flame arrestor, suitably secured to the air intake with flame tight connections, or any attachment to the carburetor or the engine air induction system by means of which flames caused by engine backfire will be dispersed to the atmosphere outside the watercraft in such a manner that the flames will not endanger the watercraft, persons on board or nearby watercraft and structures. All attachments shall be of a metallic construction with flame tight connections and firmly secured to withstand vibration, shock and engine backfire.

9. All watercraft, except open boats, using as fuel any liquid of a volatile nature shall be provided with such means for properly and efficiently ventilating the bilge of the engine and fuel tank compartments so as to remove any explosive or flammable gases, subject to prescription of the U.S. Coast Guard.

10. No person shall operate watercraft in excess of the posted limit or at a speed greater than is reasonable and prudent under the conditions and having regard to the actual and potential hazards then existing. In every event, speed shall be so controlled as many necessary to avoid colliding with any person or other watercraft, swamping other watercraft or otherwise endangering the lives or property of other persons.

11. Water skiing/Parasailing/Jet-skiing

a) No watercraft, which has in tow a person, or persons on water skis, a surfboard, and parasailing or similar contrivance, shall be operated in or upon any waterway unless at least two persons, or operator and an observer shall occupy such watercraft.

b) The operator shall observe other watercraft traffic, swimmers and hazards and shall not tow a person or persons on water skis, a surfboard or similar contrivance so close to other watercraft, swimmers or structures as to constitute a hazard to life or limb of any person.

c) The observer shall continuously observe the person or persons being towed and shall display a flag immediately after the towed person or persons falls into the water and during the time preparatory to the skiing while the person or persons are still in the water. Such flag shall be a bright or brilliant orange or red color, measuring no less than twelve inches on each side, mounted on a handle and displayed as to be visible from every direction.

d) No watercraft operator shall have in tow a person or persons on water skis, a surfboard or similar contrivance during the hours between sunset and sunrise.

e) Open areas include that portion of the San Carlos Lake east of a north-south line which extends from a point south of Jackrabbit (at end of Road 516), south to the point of Catfish Bay Annex (at end of Road 575). The north-south line will vary with water levels.

12. Overloading

a) No watercraft shall be loaded and operated with passengers or cargo beyond its same carrying capacity or the limitations on the manufacturer’s load capacity plate.

b) All new watercraft twenty feet in length and under, designed to carry two or more persons and to be propelled by machinery or oars, offered for sale or manufactured in the State after January 1, 1971, shall have affixed permanently thereto a manufacturers load capacity plate in a location easily observed from the position designed or intended to be occupied by the operator. Canoes and sailboats shall be exempt for the provisions of this section.

c) The load capacity plate shall be certified by a licensed manufacturer or by the U.S. Coast Guard.

13. Every motor-driven watercraft shall at all times be equipped with effective equipment, in good working order and in constant operation to prevent excessive or unusual noise.

14. A no wake zone will be observed 400 feet from all boat ramps.


REG 007 – ALL TERRAIN VEHICLES (ATV’s)

A. Only tribal member are allowed to use ATV’s on the San Carlos Apache Reservation. Use of ATV’s will be restricted only to areas legally used by motor vehicles. Exempt from this regulation are law enforcement, BIA & Tribal personnel performing official duties.

B. Non-members are strictly prohibited from ATV use regardless of registration. Exempt from this usage are law enforcement, BIA & Tribal personnel performing official duties.


REG 008 – NON-MEMBER RECREATION

A. A recreational permit is required for non-member entering onto the San Carlos reservation for any recreational activities, other than hunting or fishing.

B. A recreation permit allows a person or family to camp, hike, picnic, and tour the reservation. The permit can be applied to a family unit.

C. For the purposes of this commission order, a “family unit” consists of a husband, wife and their own children under the age of eighteen years of age. All other family members over eighteen years of age or under the age of eighteen years and married will need to obtain a recreation permit for himself or herself, or for his or her “family.”

D. The recreation permit does not allow any activities along the Black River or Salt River.

E. Target practice and/or plinking with firearms are prohibited except in designated target ranges. This does not apply to members and non-member spouses.

F. Recreation permits will be valid 24 hours from the time of purchase.

G. The longest period of time that a person or party may be camped in one spot is 14 days. After 14 days, the camp, including recreation vehicles and camper/travel trailers must then be removed or moved at least one mile from the previous site. If no attempt to move has been made, the vehicles/trailers will be removed and stored at the owner’s expense.


REG 009 – COMMERCIAL VIDEO OR FILMING OF WILDLIFE

A. Filming of any wildlife by any person/s not enrolled with the San Carlos Apache Tribe may not produced on the San Carlos reservation without written consent from the Recreation & Wildlife Commission.

B. The Recreation & Wildlife Commission or the will determine fees for filming.


REG 010 – GUIDES AND OUTFITTERS

A. Unless otherwise specified by other Commission Rule, Regulation or Order, only members, are allowed to guide or outfit hunters, fishermen on the San Carlos Apache Indian reservation.

B. All members guiding on the San Carlos Apache reservation are required to have in their possession a valid tribal guide license.

C. The member annual guide license fee will be determined annually.

D. To be in compliance with Ordinance 76-1, Section 38A, all members wanting to guide hunters and fishermen on the San Carlos Apache reservation are required to attend an educational guiding workshop at the Recreation & Wildlife headquarters. The cost of this workshop will be determined annually. One (1) guide class and one (1) refresher course will be held on the third week of June of each year.

E. Pursuant to Ordinance 76-1, Section 38B, all persons who obtain a guide license on the San Carlos Apache reservation, are required to provide the San Carlos Recreation & Wildlife Commission with a report of their guiding activities. All member guides are required to submit their reports within 30 days of the expiration of the guide license.

F. All guides with guide licenses must have a refresher course every three (3) years.

G. The Recreation and Wildlife Commission reserves the right to suspend or revoke the license based on complaints from hunters, or for violations of 76-1 or other Commission Rule, Regulations or Orders.

H. All tribal member guides guiding must accompany their client/s at all times when out in the field on guide required hunts.


REG 011 - FISHING TOURNAMENTS

A. The tournament fees must be prepaid based on the projected attendance. A list of participants and the balance due (if participation exceeds prepaid range) must be paid or postmarked by the first working day following the tournament. Tournament fees are in addition to fishing license and boating permits.

B. A list of names (teams, sponsors and other participants) must be available for San Carlos Recreation and Wildlife Department Game Rangers at all times prior to the event.

C. The permit holder must submit a report of the tournament results to the San Carlos Recreation & Wildlife Department within ten (10) working days after the tournament is over, on a form provided by the Department.

D. Proof of liability insurance must be provided with the submission of the tournament application. Specific insurance requirements can be obtained at the San Carlos Apache Tribe’s Recreation and Wildlife Department office.

E. Facilities at San Carlos Lake are primitive and are not designed to handle large groups of people. Sponsors of any recreational event to San Carlos Lake with more than total of fifty (50) people will be required to provide chemical toilets. One chemical toilet for the first fifty (50) people and one chemical toilet for each additional fifty (50) people are required. Private RV toilets can be used to meet the minimum number required, provided access is granted to all participants. Toilets shall not be emptied on the San Carlos Apache reservation.

F. Sponsors of any event with more than 50 people will be required to provide for the disposal of all refuse generated by participants of their event. Refuse must be removed from the tournament site and may not be disposed of on the San Carlos Apache reservation except at refuse collection sites approved by the San Carlos Apache Tribe.

G. It is the responsibility of all participants to become familiar with and to abide by Tribal laws and regulations (e.g. blocking camping or launching facilities, operating watercraft with excessive speed or wake, disorderly conduct and watercraft operation under the influence of any intoxicating substance) pertaining to activities held on the reservation.

H. All watercraft operating on the waters of the San Carlos Apache Indian Reservation must be in good working order to prevent the discharge of any hazardous materials into the waterways and must have the appropriate operable U.S. Coast Guard approved safety equipment on board.

I. Violations of this Commission Regulations or any other Commission Rule or Order may result in citations and or the refusal of future permits.


REG 012 – Harassment of Game Animals

1. It shall be unlawful to call animals two weeks prior to and during a trophy elk hunting season when the caller is not a valid hunter with a valid hunting license to hunt in that specific area during that specific season, or is not a properly licensed guide for that hunter.

2. It shall be unlawful to pursue animals during a trophy elk hunt for the purpose of photographing and/or observing the animals being hunted during a hunting season when the person pursuing the animal does not have a valid license to hunt during that season or is not a guide for the legal hunter during that hunt or is simply in the possession of other recreation or access permit.

3. It shall be unlawful to pursue animals to force the animals to unnaturally drop their antlers.

4. It shall be unlawful to possess any calling instrument or active calling of animals in, around, or nearby areas of the reservation.

5. It shall be unlawful for any person not authorized to call animals as stated above, to have in his possession any instrument designed to call animals that are being hunted during that particular hunting season when that person is in the hunting unit where the hunt is taking place.


REG 013 – CONSERVATION FUND

A. Tribal Recreation & Wildlife Conservation Fund is established for the purpose of conservation and management of fish and wildlife species on the San Carlos Apache reservation. All funds received from the sales of the September Dry Lake, Hill Top and Nine Mile Trophy Elk Hunts shall be deposited into the Conservation Fund.

B. The Conservation Fund is to be used for game management projects for all wildlife species as prescribed by the Recreation & Wildlife Commission with consultation of the Recreation & Wildlife Director and Wildlife Biologist.

C. The funds from one Nine Mile September Trophy Elk tag will be utilized by the recreation and wildlife law enforcement sub-division for the purchase of specialized equipment, rewards, overtime, supplies, information, evidence, and other needs as defined by the Recreation and Wildlife Commissioner with consultation of the Recreation & Wildlife Director and Law enforcement chief officers.

D. Money from the Conservation Fund may also be utilized to cover expenses for the attendance at expositions and trade shows where the sale of Trophy Elk hunts that generate funding for the Conservation Fund, are promoted for sale. The funds may be used for transporting animals mounts, for rental of spaces, equipment and supplies, and for travel and per diem for individuals attending such expositions and trade shows.


REG 014 – HABITAT STAMP FUND

The San Carlos Apache Tribal Recreation & Wildlife, Fish and Wildlife Conservation Stamp Program has been established for the purpose of generating revenue for the Conservation Fund. The Conservation Fund was created to put hunting generated revenues directly back into protecting, preserving and enhancing fish and wildlife populations and habitats. Monies from the Fish and Wildlife Habitat Conservation Stamp Program will be used for wildlife management and habitat improvements. The program is also designed as an educational and awareness program.

Requirements:

1. All NON-MEMBER HUNTERS, TRAPPERS, AND FISHERMAN will be required to purchase at least one fish and wildlife habitat conservation stamp per year.

2. Tribal members and non-member spouses will be required to purchase the habitat stamp. .

3. Only one stamp is required per calendar year (Jan. 1-Dec. 31) per hunting/trapping/fishing license holders.

4. All hunters/trappers/anglers must have the stamp in his/her possession while in the field fishing, hunting or trapping.

5. Conservation Stamps must be signed by the owner, across the face of the stamp by the angler, hunter or trapper.

6. The money from the sale of the habitat stamps shall go directly into the Conservation fund.

7. The Recreation and Wildlife Department and its permit vendors shall be the only entities permitted to sell the habitat stamps.

REG 015 – ANTLER HARVEST

A. Pursuant to Ordinance 76-1, Section 32, antlers may be harvested, possessed, transported or sold only as follows:

1. Only members are allowed to search, posses, and transport or sell antler/s within the exterior boundaries of the San Carlos Apache Indian Reservation.

2. An “Antler Harvest Permit” must be obtained from the San Carlos Wildlife & Recreation Department prior to harvesting antlers.

3. Antler Harvest permits must be in the possession of the person who is harvesting antlers and who have antlers in their possession while in the field.

4. Only antlers that have been naturally shed from any deer or elk may be harvested, possessed, transported or sold by members.

5. Any antler-bearing animal carcass or antlers/horns of wild ungulates attached to the skull found in the field by any person shall be reported to the San Carlos Recreation and Wildlife Department law enforcement officials.

6. Neither the animal(s) nor antler(s) or horn(s) may be removed from a wild ungulate carcass or skull found by any person. The San Carlos Recreation & Wildlife Department will conduct a thorough investigation. Upon completion of the investigation the antler(s) or horn(s) may be returned to the finder at the discretion of the Investigator and Chief Ranger.

7. No person shall chase, pursue or otherwise disturb any antlered animal for the purpose of causing that animal to drop its antler(s).

8. Pursuant to Ordinance 76-1, Section 61, no person shall offer for sale or knowingly buy any antler(s) that have been obtained contrary to this or any other Commission Rule, Regulation or Order.

9. Non-member antler buyers must purchase an “Antler Buyer Permit” to purchase antlers on the San Carlos reservation and may pnly purchase antlers at the San Carlos Recreation & Wildlife Department office.

10. Any person who violates any provision of this Commission Regulation shall be punished in accordance to Ordinance 76-1, Section 61, A., Ordinance 76-1, Section 61, B., or Ordinance 76-1, Section 61 C.


REG 016 – CHECK POINTS & CHECK STATIONS

A. All vehicles must stop at checkpoints or check stations manned by San Carlos Recreation & Wildlife Department personnel and abide by all regulations regarding harvest of wildlife.


REG 017 – CAMPING DURING ELK HUNTS (MALAY GAP AREA)

A. During the Malay Gap Elk hunts, no camping is allowed north of road 1900 from BS Gap Tank, to the east boundary reservation line. No camping is permitted on any roads north of the 1900 road, except road number 2034 and along road 2000 to the Heartbreak Hotel campsite. Campsites must be within ¼ of mile from the road.


REG 018 –ACCESS BY STATE HUNTERS HUNTING ON PUBLIC LAND

A. Non-members may purchase a special “Pass Through” permit to travel through the reservation to hunt on state lands. This permit only allows access through the 20 and 40 roads in Unit D. Non-member hunters hunting with state licenses cannot camp under this permit within reservation boundaries. Valid time for this permit is good only for the time the individual travels though the reservation to get to the site off the reservation and to return.


REG 019 – DANGEROUS OR SERIOUSLY THREATENING ANIMAL

Ordinance 76-1, Chapter III, Section 24 provides authority to the Recreation & Wildlife Commissioners to issue permits to either destroy or capture live, any species of animals or birds which are seriously injurious to agricultural or other interests of the Tribe, and if captured such animals or birds may disposed of in such manner as the Commission may determine. However, there are times when the Commission may not be in session when permits are needed and, therefore, permits may not be available in a timely manner.

Therefore, for the purposes and intent of Ordinance 76-1, Chapter III, Section 24, the Commission hereby delegates to the San Carlos Recreation & Wildlife Department the authority to destroy or capture, or have destroyed or captured any animal that is deemed to be a danger or threat to the general public or to private or public property. The delegated authority herein will be in the form of a permit approved by the Commission and provided to the Director of the San Carlos Recreation and Wildlife Department. The procedure for utilizing the authority to destroy or remove an animal delegated by the Commission will be as follows:

1. Reports of animals that are considered to be a danger to the public or to public or private property will be forwarded to the Director of the San Carlos Recreation & Wildlife Department.

2. The Director shall investigate the report/s and determine if the animal/s is/are a problem and whether the animal/s should be destroyed or moved to another location.

3. If it is established that the animal must be destroyed or moved, then a permit as provided by the Commission will be issued by the Director to a person or persons currently employed with the San Carlos Recreation & Wildlife Department, who will then destroy or remove the animal.

4. The permit shall state the species of the animal that needs to be destroyed or moved and shall include the final disposition of the animal. (i.e. Was animal destroyed or moved and if moved, where was it relocated to.)

5. The permit shall be validated by the Director’s signature or a person designated by the Director to act in his place. When the permit is validated pursuant to the Commission Regulation, it shall be good for only the time required to dispose of the animal or thirty days from the date of issuance, which ever comes first.

6. A completed copy of the permit shall be forwarded to the Commission and a report shall be presented to the Commission at the next Commission meeting after the animal is destroyed or moved. The original permit shall remain on file at the Recreation & Wildlife Department.


REG – 020 CLOSURE OF NORTH END OF TALKALAI LAKE

1. All boaters and fishermen (members and non-members) are restricted from the north end of Talkalai Lake from December 1, through June 30 of each year. The restricted area shall be clearly marked with a buoy line from the east shore to the west shore of the lake.


REG – 021 ROCK CLIMBING RESERVATIONS WIDE

1. It shall be unlawful for any non-member and non-member BIA or non-member Tribal employee to engage in any rock climbing activity on the San Carlos Indian reservation except for Government employees who are training or are actually in the process of rescue operations, without written permission from the Recreation and Wildlife Commission or their designated person.


REG – 022 ANNUAL PERMITS AND LICENSES SALES

1. All permits sold or issued on an annual basis (i.e. guide license, hunting/fishing licenses, etc,) shall be put on sale or issued beginning on the 1st day of January of each year or as soon thereafter as is practicable, and shall be valid only for the calendar year that it is sold.

REG – 023 THREATENED AND ENDANGERED SPECIES

1. In the event of delisting of species, the tribe will follow established federal and tribal protections, definitions, rules and regulations and laws to avoid the harassment, destruction, or take of species of environmental and cultural concern.


REG – 024 TEMPORARY STRUCTURES

1. All temporary structures made for hunting purposes shall be taken down and removed after the hunt season is over.