5.06.020 Statement of Findings

(a) The wetlands of Akwesasne have since time immemorial played a critical role in sustaining Akwesasne cultural traditions, health and welfare.

(b) Considerable acreage of freshwater wetlands in Akwesasne has been lost, polluted or impaired by unregulated draining, dredging, filling, excavating, building, pollution or other acts inconsistent with the natural uses of such areas. The wetlands that remain are in jeopardy of being lost, destroyed or impaired by such unregulated acts.

(c) Wetlands conservation is a matter of Tribal concern, calling for uniform Tribal regulation since a wetland in one region of Akwesasne is affected by acts on rivers, streams and wetlands of other regions.

(d) Any loss of wetlands deprives the people of Akwesasne of some or all of the many and multiple benefits to be derived from wetlands, including, but not limited to:

(1) flood and storm control by the hydrologic absorption and storage capacity of wetlands;

(2) protection of subsurface water resources and provision for valuable watersheds and recharging ground water supplies;

(3) pollution treatment by serving as biological and chemical oxidation basins;

(4) erosion control by serving as sedimentation areas and filtering basins, absorbing silt and organic matter and protecting channels and harbors;

(5) education of future generations by providing readily accessible outdoor bio-physical laboratories, living classrooms and vast training and education resources;

(6) open space and aesthetic appreciation by providing areas for hunting, gathering, fishing, canoeing, bird-watching and camping often in the only remaining open areas along increasingly crowded river fronts;

(7) provision of critical wildlife habitat; and

(8) support of valuable medicinal plants and trees of cultural and economic importance including, but not limited to, Heartweed (Polygonum persicaria) and BlackAsh (Fraxinus nigra).

(e) Regulation of wetlands, in accordance with the exceptions established in Section 5.06.050 of this ordinance, is consistent with the legitimate interests of farmers and other landowners to graze and water livestock, make reasonable use of water resources, harvest natural products and medicinal plants of the wetlands, selectively cut timber and otherwise engage in the use of land for agricultural purposes.