Section ENV.04.43 — Forestry

(a) Effective December 31, 1988, forest logging shall be prohibited within an area within ten (10) chains (660 feet) of the bank of any reservation stream determined by the Tribe to have the potential to support a population of fishes or which serves as a spawning ground for the same.

(b) Logging roads shall be prohibited within the area described in subsection (a) except for permitted activities under subsection (c).

(c) Any person proposing access roads or trails or stream crossings along or over streams determined by the Tribe to have the potential to support a population of fishes or which serves as a spawning ground for the same shall submit a written project proposal to the Tribal Council for a permit to conduct such activities. The Tribal Council shall make the final decision as to whether such activities will be permitted and what conditions shall be required in order to preserve the species or species habitat.

(d) Any person who seeks to harvest timber must submit a written project proposal to the Tribal Council for a permit to conduct such activities. The Tribal Council shall make the final decision whether such activities will be permitted and under what conditions such activity will be permitted in order to:

(1) Preserve the resulting water quality in order to meet the standards of that particular watershed, as established by the Tribe pursuant to its stream classification system under this Article; and

(2) Avoid general deterioration of water quality through erosion from the practice of clear cutting of timber.