11-21-86
COLORADO RIVER INDIAN TRIBES
COLORADO RIVER INDIAN RESERVATION
Regulations of the Pesticide Control Committee
Issued Pursuant to Ordinance No. 31
Reg. 31-2-86: STUB COTTON BAN
A. Findings.
The Pesticide Control Committee of the Colorado River Indian Tribes
hereby finds and declares that:
1) Pink bollworm, heliothis complex (tobacco budworm and
bollworm), cotton leaf perforator and beet army worm are dangerous
insect pests of cotton and infestations of such pests are known to
occur within the Colorado River Indian Reservation; and
2) Boll weevil is a dangerous insect pest of cotton and is known
to be present within the Colorado River Indian Reservation; and
3) Morning glory, bermuda grass, Johnson grass and various
pigweeds are noxious weed pests of cotton and are known to occur within
the Colorado River Indian Reservation; and
4) It is necessary to curtail the early buildup and spread of
these above mentioned insect and weed pests within the Colorado River
Indian Reservation, and to facilitate the control and supression of
these pests, and thereby to obviate the need for earlier and more
extensive applications of pesticides in order to control and suppress
these pests.
B. Restrictions and Responsibilities
The Pesticide Control Committee hereby orders and declares that
the following rules and regulations shall govern cotton growing within
the Colorado River Indian Reservation:
1) No cotton shall be planted on the Colorado River Indian
Reservation earlier than the 15th of March of each year.
2) No stub or volunteer cotton shall be grown or allowed to grow
within the Colorado River Indian Reservation. Stub or volunteer cotton
is defined as those cotton stalks or of a previous crop which, after
over-wintering, begin to show signs of growing by displaying buds which
swell or which send out shoots of new plant growth (either white or
green).
(3) All cotton stalks of a previous crop, and all stub or
volunteer cotton found growing on idle lands, fallow land, in other
crops, or in any other location, shall be destroyed in the manner
provided in Subsection 4) no later than the 15th of January of any
year, or at the expiration of any lease or sublease under which a
person or persons have farmed cotton, whichever shall come first.
4) All such cotton stalks or stub or volunteer cotton must be
shredded and surrounding land shall be tilled in a manner that totally
destroys the cotton stalks or stub or volunteer cotton. All such
cotton stalks or stub or volunteer cotton must be destroyed to the
satisfaction of the Environmental Protection Officer of the Colorado
River Indian Tribes.
5) The person or persons who are in current possession of land on
which stub or volunteer cotton is growing, or on which cotton stalks
have not yet been destroyed, shall be responsible for the destruction
of said cotton or cotton stalks; provided, that, where such cotton or
cotton stalks are the remains of a crop farmed by or belonging to a
person or persons who previously possessed, farmed or made use of such
land, said person or persons shall be primarily so responsible, and the
current possessor of such land shall be secondarily responsible.
6) In the event that cotton stalks are found unshredded, or stub
or volunteer cotton is found growing after the 15th of January of any
year, the Environmental Protection Officer of the Colorado River Indian
Tribes may cause such cotton stalks, stub or volunteer cotton to be
destroyed, and all expenses thereof shall be billed to the person or
persons responsible for compliance with these regulations.
7) All expenses involved in complying with these regulations shall
be borne by the person or persons responsible for such compliance.
Persons primarily responsible for any compliance shall have the
obligation to reimburse persons secondarily responsible where such
persons have borne any expenses involved in compliance.
D. Penalties
(1) Any person violating a provision of these regulations is guilty
of a misdemeanor and shall be punished by a fine of not more than Five
Hundred Dollars ($500.00), or by imprisonment for not more than six (6)
months, or both.
(2) Any person violating a provision of these regulations shall
forfeit to the Colorado River Indian Tribes a sum of not more than Five
Hundred Dollars ($500.00) for each offense. Each day that stub or
volunteer cotton shall be allowed to grow, or cotton stalks of a
previous crop remain undestroyed, after the 15th of January of any year
or after the expiration of any lease or sublease under which a person
or persons have farmed cotton, whichever shall come first, and each day
that cotton shall germinate and remain germinated prior to the 15th of
March, shall constitute a separate civil violation of these
regulations.
E. Repeals
1) These regulations supersede entirely Regulation No. 31-1-82,
issued by the Pesticide Control Committee on April 8, 1982, Regulation
No. 31-2A-82 and Regulation No. 31-2B-82 issued by the Pesticide
Control Committee on October 22, 1982, and Regulation No. 31-2C-84
issued by the Pesticide Control Committee on March 8, 1984.
The foregoing rules and regulations are issued pursuant to action
of the Colorado River Indian Tribes Pesticide Control Committee, which
was duly taken at a Pesticide Control Committee meeting on November 21,
1986, pursuant to authority vested in the Committee by Section 103 of
the Colorado River Indian Tribal Ordinance No. 31.
COLORADO RIVER INDIAN TRIBES
PESTICIDE CONTROL COMMITTEE
By: Harry Laffoon
Chairman, Pesticide Control
Committee
Attest:
By: ________________________________
Member, Pesticide Control
Committee
By: ________________________________
Member, Pesticide Control
Committee
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