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(a) State or federally licensed medical research institutions, medical laboratories, medical manufacturing facilities engaged in licensed medical production or medical research involving pesticides may request an exemption from this chapter; provided, that prior written permission is obtained through a YTEP-approved application plan approved by the Tribal Council; and also provided, that such activities are conducted under secure, enclosed indoor laboratory conditions with the utmost precautions to prevent release of any pesticides to the outside environment.

(b) Educational or scientific research institutions working with pesticides may request an exemption from this chapter; provided, that prior written permission is obtained through a YTEP-approved application plan approved by the Tribal Council; and also provided, that such activities are conducted under secure, enclosed indoor laboratory conditions with the utmost precautions to prevent release of any pesticides to the outside environment.

(c) When the Council determines an exemption or exception is necessary to comply with an existing agreement between the Yurok Tribe and individuals, corporations, or other entities, to the extent required to give effect to the agreement.

(d) Any institution listed in subsection (a) or (b) of this section that intentionally or negligently allows release of any pesticide into the outside environment is in violation of this chapter and subject to enforcement as set forth herein.

(e) Household Use. No prior written permission from the Tribe is required for reasonable household pesticide use, where the specific pesticide or method of application is not otherwise illegal under any applicable law.

(f) Emergency Exemption. In cases that constitute an emergency as defined in this chapter, a person, corporation, or entity may apply to the Director for an emergency exemption from the prohibition of YTC 21.45.070 if a pest outbreak poses an imminent threat to public health, or if significant damage to Tribal resources or property would result from the inability to use a pesticide prohibited by YTC 21.45.070. The Director may impose specific conditions for the granting of emergency exemptions. The risks between the imminent threat that might be abated by the pesticide use will be weighed against the harm caused by such pesticide use in considering emergency exemptions.

Commentary: It is anticipated that YTEP will use a reasonableness approach to determining whether a bonafide emergency exists. In making the determination, elements that should be considered include whether the need for action has arisen suddenly, whether a factor influencing the situation includes a sense of urgency requiring immediate action to protect life or property, and whether alternatives are insufficient to address an impending crisis.

(g) Discretionary Exemption. The Director may grant an exemption to apply a pesticide where application is prohibited if the applicant shows that:

(1) Effective alternatives are unavailable;

(2) Granting an exemption will not violate the laws of the Yurok Tribe or the purpose of this chapter; and

(3) The use of the pesticide for which the exemption is requested is necessary to protect human health or Tribal resources.

(4) Personal use on one’s body. [Ord. 50C § 10102, adopted, 8/31/2017.]