21.45.040 Purpose.
The purpose of this chapter is to:
(a) Maintain and protect Tribal control, and ensure such control is free from outside corporate interests and unnecessary and overreaching preemption by any outside governments, of the agriculture, environment, Tribal health, welfare, and economy as they pertain to environmental contamination from pesticides;
(b) Prohibit any person, corporation, or entity from producing, transporting, selling, releasing or disposing of pesticides within the territory and jurisdiction of the Yurok Tribe;
Commentary: The Yurok Tribe does not extend legal personhood to corporations.
Commentary: By including transportation, the drafters’ intent is to recognize Yurok Tribe’s sovereign authority to extend the reach of its jurisdiction as far as possible. The language implicitly acknowledges that when prohibited materials are transported solely within areas where the state or federal government has exclusive jurisdiction, the activity is outside the reach of the Tribe’s jurisdiction and so this Ordinance may likely not be enforced against the transporter.
(c) Educate Yurok community members as to the health and environmental hazards of pesticides, and work towards phasing out the sale, provision, use and disposal of such pesticides on Tribal lands, particularly in water, air and traditional subsistence resources that have a greater impact on our most vulnerable members and other living beings;
(d) Declare the Yurok Tribal territory to be a zone that will be kept free from toxic pesticides. This will preserve a healthy and safe place for our traditional seeds, plants, animals and fish, and for our children and future generations to thrive within the boundaries of our territory in health, strength and balance; and
(e) Enable the Yurok Tribe to enforce the pesticide prohibitions and recover the costs of such enforcement. [Ord. 50C § 10004, adopted, 8/31/2017.]