THE CONFEDERATED TRIBES OF COOS, LOWER UMPQUA AND SIUSLAW INDIANS TRIBAL CODE (2024)

THE CONFEDERATED TRIBES OF COOS, LOWER UMPQUA AND SIUSLAW INDIANS TRIBAL CODE

TITLE 3– OFFENSES

CHAPTER 3-4 – HUNTING, FISHING, TRAPPING, AND SHELLFISH

GATHERING

3-4-1

Intent, Purpose and Policy.

(a)

Pursuant to Article II of the Constitution of the Confederated Tribes of Coos Lower

Umpqua and Siuslaw Indians (“CTCLUSI” or “Tribe”), the Membership of the Tribe

has enacted the following Chapter of the Tribal Code to regulate hunting, fishing,

trapping, and shellfish gathering activities.

(b)

The Tribal membership recognizes that natural resources are cultural resources, and

that the sustainable harvest of those natural resources by Tribal Members is

essential to maintaining the Tribe’s customs and traditions.

(c)

The purpose of this Chapter is to effectuate the Tribe’s tradition, practiced since time

immemorial, of stewardship and sustainable harvest practices to ensure a

harvestable abundance of natural resources into perpetuity.

3-4-2

Definitions.

In this Chapter, the following terms shall have the following meanings:

(a)

“Authorized Enforcement Personnel” means duly commissioned CTCLUSI law

enforcement officers or such other law enforcement officers as the Tribal Council

may commission to enforce this Chapter.

(b)

“Closed Season” means all the time during the entire calendar year excepting the

"Open Season" as specified by the Regulations.

(c)

“Defendant” means any person who is issued a Notice of Violation under authority of

this Chapter.

(d)

“Drone” means:

(1)

An unmanned flying machine;

(2)

An unmanned Vessel; or

(3)

Any other vehicle that can operate in the air, in or under the water or on land,

either remotely or autonomously, and without a human occupant.

(e)

“Fish,” when used as a noun herein, means all species of trout, salmon, bass,

walleye, perch, crappie, and any other fish species which exists within the

Reservation.

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(f)

“Fish,” when used as an adjective or verb and its derivatives, "fishing, fished, etc."

means any effort made to Take Fish.

(g)

“Fur-Bearing Animals” means beaver, bobcat, raccoon, otter, muskrat, mink, marten,

weasel, red fox or gray fox, and any similar animal.

(h)

“Game Animals” means bear, deer, elk, moose, silver, gray squirrel, rabbit, and any

similar animal.

“Shellfish Gathering” means the harvest of shellfish and invertebrates over which the

Oregon Department of Fish and Wildlife (“ODFW”) has jurisdiction. Nothing in this code is

intended to limit the gathering of plants or other materials over which ODFW does not have

jurisdiction.

(i)

“Hunt” means to Take or attempt to Take any Fur-Bearing Animals, Game Animals,

Predatory Animals, Migratory Game Birds or Upland Game Birds by means involving

the use of a weapon or with the assistance of any mammal or bird.

(j)

“Migratory Game Birds” shall include, means anatidae (waterfowl), rallidate (rails,

coots, etc.), limncolne (shore birds), or any similar bird.

(k)

“Open Season” means the time specified by the Regulations when it is lawful to Fish,

Hunt, or Trap.

(l)

“Predatory Animals” means bobcat, skunk, lynx, cougar, coyote, badger, ground

squirrel, gopher, mole, jack rabbit, wild housecat, wild dog, or any similar animal.

(m)

“Raptor” means a bird of prey, including an eagle, hark, falcon, or owl.

(n)

“Regulations” means regulations enacted by the Tribe.

(o)

“Take” means to kill or obtain possession or control of any Fish, Fur Bearing Animal,

Game Animal, Predatory Animal, Migratory Game Bird, or Upland Game Bird.

(p)

“Trap” means to take or attempt to take any Wildlife by means involving the use of a

trap, net, snare or other device used for the purpose of capture.

(q)

“Tribal Council” means the elected governing body of the Tribe as prescribed by the

Tribe’s Constitution.

(r)

“Tribal Lands” means the lands owned by the Confederated Tribes of Coos, Lower

Umpqua and Siuslaw Indians.

(s)

“Tribal Member” means any person who is enrolled in the Tribe.

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THE CONFEDERATED TRIBES OF COOS, LOWER UMPQUA AND SIUSLAW INDIANS TRIBAL CODE

(t)

“Tribe” means the Confederated Tribes of Coos, Lower Umpqua and Siuslaw

Indians.

(u)

“Upland Game Birds” means Chukar, Blue Grouse, California Quail, Chinese

Pheasant, Hungarian Partridge, Native Pheasant (Ruffled Grouse), or any similar

bird.

(v)

“Vessel” means any structure used for navigation on water including but not limited

to a motorboat, sailboat, raft, canoe, and kayak.

(z)

“Wildlife” means any Fish, Fur Bearing Animals, Game Animals, Upland Game Birds,

or Migratory Game Birds.

3-4-3

Establishment of Seasonable Requirements and Regulations.

The Tribal Council shall:

(a)

Review components of plans and policies which may affect the exercise of hunting,

fishing, or shellfish gathering by Tribal Members. Approval of such plans and policies

by the Committee satisfies the requirements of Article II of the Constitution.

(b)

Promulgate Regulations governing Hunting, Fishing, Trapping, and Shellfish

Gathering, which shall be based upon technical input of the Tribe’s Natural

Resources, Culture, and Forestry staff and Authorized Enforcement Personnel, and

which shall be consistent with the intent, purpose and policies of this Chapter.

3-4-4

Duties of Authorized Enforcement Personnel.

Duties of Authorized Enforcement Personnel shall include:

(a)

Patrolling areas where and when violators might be expected to be or are suspected

of being engaged in unlawful activities.

(b)

Cooperation with Federal and Oregon state enforcement officers in apprehension of

violators.

(c)

Enforcing all provisions of this Chapter, and any rules and regulations promulgated

thereunder.

(d)

Carrying out any other duties delegated under this Chapter, and any rules and

regulations promulgated thereunder.

3-4-5

(a)

General Enforcement Provisions.

Jurisdiction.

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(b)

3-4-6

(1)

Authorized Enforcement Personnel, and such other Tribal Entities as are

designated by Tribal Law, shall have absolute, original, and exclusive

jurisdiction to regulate and adjudicate all matters pertaining to Hunting,

Fishing, Trapping, and Shellfish Gathering activities upon the Reservation.

(2)

The Tribal Court shall have exclusive jurisdiction over all Notices of Violation

issued pursuant to this Chapter and any rules and regulations promulgated

thereunder, except as this Chapter or other applicable law otherwise provides.

Notice of Violation; Adjudication.

(1)

All violations relating to this Chapter and rules and regulations promulgated

thereunder shall be considered civil in nature and shall be adjudicated in the

Tribal Court.

(2)

A cause of action shall be initiated by the issuance of a Notice of Violation by

Authorized Enforcement Personnel or the Tribal Attorney to a Defendant upon

probable cause to believe that a violation of this Chapter or rules and

regulations promulgated thereunder, has occurred.

(3)

The Notice of Violation shall contain a short plain statement of facts that

establishes that the Defendant has violated a requirement of this Chapter or

rules and regulations promulgated thereunder.

(4)

The Notice of Violation shall command the Defendant to appear before the

Tribal Court no more than 30 days from issuance of the Notice of Violation,

for a hearing to determine whether the Tribe has proven, by a preponderance

of the evidence, that the Defendant has violated a requirement of this Chapter

or rules and regulations promulgated thereunder.

(5)

If the Tribal Court determines that a violation has occurred, the Defendant

shall be assessed a civil fine not to exceed five hundred dollars ($500) per

violation.

(6)

If the Tribal Court determines that a violation has occurred, the Tribal Court

may order forfeiture of property used in commission of the violation pursuant

to section 3-4-8 of this Chapter.

(7)

If the Tribal Court finds that a violation has occurred, the Tribal Court may

suspend or revoke the Defendant’s right to hunt, fish, trap, or gather.

(8)

If the Court finds that a violation of this Chapter has occurred, the Court shall

order the Defendant to pay any resulting damages to the Tribe that the Tribe

establishes with reasonable probability.

Representation of the Tribe. The Tribal Attorney or Authorized Enforcement

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Personnel may represent the Tribe in all actions arising under this Chapter.

3-4-7

Federal or State Prosecution.

(a)

Nothing in this Code shall be deemed to preclude the federal prosecution under 18

U.S.C. § 1165 of Non-Members who trespass on the Reservation.

(b)

Nothing in this Chapter shall be deemed to preclude federal prosecution of violators

under 18 U.S.C. § 1163 for theft of Tribal assets or any other federal law designed

to protect Tribal Wildlife, water or other natural resources.

(c)

Authorized Enforcement Personnel or the Tribal Attorney may follow the procedure

provided by applicable law to initiate federal or Oregon state prosecution in addition

to or in lieu of any other enforcement procedure provided for by this Chapter.

3-4-8

Seizure and Disposition of Wildlife, Gear and Equipment.

(a)

Seizure. Authorized Enforcement Personnel may seize any Wildlife, gear, weapons,

equipment, or other property used in the commission of a violation of this Chapter or

rules and regulations promulgated thereunder.

(b)

Inventory and Storage. Any gear, weapons, equipment, or other property seized

pursuant to this Section shall be inventoried and stored in a secure place until

disposed of by order of the Tribal Court. A copy of the inventory shall be provided to

the known owner at or near the time of seizure.

(c)

Unclaimed Property. Wildlife, weapons, gear or other property seized under this

Section, and for which there is no known owner, shall be inventoried and stored in a

secure place until disposed of by order of the Tribal Court.

(1)

A notice describing the property and the time and place of seizure shall be

posted at the Administration Building, Tribal Hall, Outreach Offices, on the

Tribe’s website and at the Three Rivers Casinos.

(2)

The notice shall state that persons wishing to claim the property must do so

by filing a written claim with the appropriate Authorized Enforcement

Personnel within 45 days of the date the notice was posted.

(3)

Authorized Enforcement Personnel shall file a copy of the claim with the Tribal

Court and shall advise the claimant of his/her right to petition the Court for

release of the property.

(4)

Property for which written claim is filed shall not be disposed of except by

order of the Tribal Court.

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(5)

If property seized under this section is not claimed within 45 days of the

posting of the notice, the property may be sold or otherwise disposed of for

the benefit of the Tribe upon order of the Tribal Court.

(d)

Presumption of Owner's Use. Unattended Wildlife, weapons, or gear used in

violation of this Chapter or rules and regulations promulgated thereunder and seized

under this Section shall be presumed to have been placed by its owner in the location

where it was seized.

(e)

Disposition of Seized Property.

3-4-9

(1)

If the Tribal court determines that property shall be released the Court shall

order immediate return of the property.

(2)

If a person is found to have violated a provision of this Chapter or regulations

promulgated thereunder, the Court may order forfeiture to seized property,

however, the violator shall be given the opportunity to present evidence to the

Court as to why the forfeiture would be inequitable or produce a substantial

hardship.

General Protective Provisions.

(a)

Hunting, Fishing and Shellfish Gathering Rights of Members. Tribal Members have

a right to Hunt, Fish, Trap, and Gather pursuant to the requirements of this Chapter

and the Regulations promulgated thereunder. At all times, any member who is

engaging in hunting, fishing, trapping, or shellfish gathering shall carry an original of

their tribal hunting and fishing photo identification card and any tribally authorized

licenses, tags, or other permits showing that the Tribe has authorized harvest of that

species and will present the same to Authorized Enforcement Personnel and to State

or Federal law enforcement upon request. Tribal Members must be familiar with the

requirements of this Code and of all Regulations promulgated thereunder.

(b)

Geographic Scope of Hunting, Fishing, Trapping, and Shellfish Gathering.

Authorized hunting, fishing, trapping, and shellfish gathering under this Chapter is

limited to areas identified in rules and regulations within Tribally-owned lands and

within the following Oregon Department of Fish and Wildlife Management Units:

Units 1 (Crater Lake NP, that portion in Douglas County), 14 (Trask, that portion on

Lincoln), 15 (Willamette, that portion in Lane County), 17 (Scott Mountain, that

portion in Lincoln County), 18 (Alsea, those portions in Lane and Lincoln Countries),

19 (McKenzie, that portion in Lane County), 20 (Siuslaw, those portions in Douglas

and Lane County), 21 (Indigo County, that portion in Lane County), 22 (Dixon, that

portion in Douglas County), 23 (Melrose, those portions in Douglas and Lane

County), 24 (Tioga, those portions in Coos and Douglas Counties), 25 (Sixes, those

portions in Coos and Curry Counties), 26 (Powers, those portions in Coos and Curry

Counties), 27 (Chetco, that portion in Curry County), 29 (Evans Creek, that portion

in Douglas County), 30 (Rogue, that Douglas County), 34 (Upper Deschutes, that

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portion in Lane County), and 77 (Fort Rock, those portions in Douglas and Lane

County).

(c)

Possession of Wildlife Killed or Taken in Violation of Tribal Law. It shall be unlawful

for any person to have in their possession any Wildlife that said person knows or

should under the circumstances know was killed or taken in violation of any of the

provisions of this Chapter or applicable Regulations.

(d)

Hunting, Fishing or Trapping While Intoxicated. It shall be unlawful for any person

to Hunt, Fish or Trap while under the influence of drugs or alcohol.

(e)

Interference with Tribal Signs. It shall be unlawful for any person to destroy, tear

down, shoot at, deface or erase any printed matter or signs placed or posted to

effectuate the enforcement of this Chapter or rule or regulations promulgated

thereunder.

(f)

Possession in Field of Skinned or Plucked Wildlife in a Manner that Prohibits

Determination of Sex, Size or Species. It shall be unlawful for a person to possess

in the field or forest, or in transit from the field or forest, the carcass of any Wildlife

that has been skinned, plucked or mutilated in any manner so that the sex, size or

species of the Wildlife cannot be determined.

(g)

Waste of Wildlife.

(1)

It shall be unlawful to waste any edible portion of any Wildlife.

(2)

A person may not remove the following parts from the carcass of any Wildlife

and utilize only those parts so removed:

(A)

from the carcass of any game mammal or game bird, the head, antlers,

horns, hide or plumage;

(C)

from the carcass of a black bear or cougar, the paws, gallbladder, sex

organs or bones.

(C)

from the carcass of a sturgeon, salmon or steelhead, the eggs.

(h)

Making Toxic Substances Accessible to Wildlife. It shall be unlawful to place any

toxic substance where it is accessible to Wildlife unless the substance used and the

method of application is approved by the Committee.

(i)

Aiming or Shooting a Firearm from a Moving Motor Vehicle. It shall be unlawful for

a person who is an occupant of a motor vehicle that is moving to aim or fire a firearm

from the moving motor vehicle.

(j)

Aiming or Shooting a Firearm from a Motor Vehicle. No person who is the occupant

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of a motor vehicle that is moving on a road open to the public shall aim or shoot a

rifle or other firearm from the motor vehicle at a time when the hunting of wildlife is

lawful.

3-4-10

Youth Hunting Restrictions.

Hunting by eligible youth under the age of 18 shall be subject to the requirements of the

Regulations. Unless otherwise provided in the Regulations, eligible youth less than 18

years of age are required to wear a hat or exterior garment of fluorescent orange, visible

from all directions.

3-4-11

Elder Assistance.

Enrolled Tribal Elders 55 years of age or older can be assisted in harvesting an animal for

which the Tribal Elder has a valid tag. The assisting person may be: (1) an enrolled member

of CTCLUSI 12 years of age or older; (2) the spouse of the Tribal Elder regardless of

enrollment status; or (3) the Tribal Elder’s blood related or legally adopted son, daughter,

grandson, granddaughter, niece, nephew, or sibling of at least 12 years of age regardless

of enrollment status. The Tribal Elder and assisting person must remain within 50 feet of

one another while hunting.

3-4-12

Use of Dogs to Hunt or Track Game Mammals or Birds.

(a)

Any dog that is not wearing a collar with a license issued by the Tribe or the State

of Oregon that is found unlawfully hunting, running or tracking any game mammal

or game bird may be killed at such time by any person authorized to enforce the

wildlife laws.

(b)

If a dog that is found unlawfully hunting, running, or tracking any game mammal

or game bird is wearing a collar with a license issued by the Tribe or the State of

Oregon, the owner of the dog shall be notified by any person authorized to enforce

the wildlife laws. If the owner or reputed owner of the dog disclaims ownership of

the dog, the dog may be killed at such time by a person authorized to enforce the

wildlife laws.

(c)

If the owner of a dog has been notified that the dog has been found unlawfully

hunting, running or tracking game mammals or game birds and thereafter fails to

prevent the dog from unlawfully hunting, running or tracking game mammals or game

birds, such dog may be killed by any person authorized to enforce the wildlife laws.

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(d)

No person shall permit any dog the person owns to unlawfully hunt, run or track any

game mammal or game bird.

3-4-13

Hunting or Assisting Others to Hunt or Locate Game Animals or Birds by Aircraft

Prohibited.

(a)

A person may not:

(1) Hunt game mammals or game birds from or with the aid of an aircraft.

(2) Transmit from an aircraft to a person not in the aircraft information regarding

the location of any game mammals or game birds.

(3) Otherwise use an aircraft to assist another person in hunting or locating game

mammals or game birds for the purpose of hunting.

(b)

A person may not hunt any game mammal within eight hours after having been

transported by aircraft to or from any place other than a recognized airport that the

Oregon Department of Aviation has licensed as a public use airport, registered as a

personal use airport or specifically exempted from licensing or registration.

(c)

Notwithstanding this section, the Tribe or its agents may conduct wildlife

management activities necessary for scientific research or, in emergency situations,

to protect human safety, wildlife species or property by:

(1)

Hunting game mammals or game birds from or with the aid of an aircraft; or

(2)

Transmitting from an aircraft information regarding the location of any game

mammal or game bird.

3-4-14

(a)

Use of Drones for Pursuit of Wildlife Prohibited.

It shall be unlawful to use drones for the following purposes:

(1)

Fishing;

(2)

Hunting;

(2)

Trapping;

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(b)

(3)

Aiding angling, hunting or trapping with drones to harass, track, locate or scout

wildlife; and

(4)

Interfering in the acts of a person who is lawfully angling, hunting or trapping.

Nothing in this Chapter shall be construed to prohibit Authorized Enforcement

Personnel or other Tribal governmental staff from the use of drones in the

performance of their official duties.

3-4-15

Hunting with Artificial Light Restricted.

(a)

No person shall hunt wildlife with the aid of any artificial light.

(b)

The Tribe may authorize hunting with the aid of artificial light for the purpose of

taking raccoon, opossum or bobcat or to alleviate damage by wildlife to other

resources.

3-4-16

Shining artificial light on Game Mammal, Predatory Animal, or Livestock While in

or near Motor Vehicle and while in Possession of Weapon Restricted.

(a)

No person shall cast from a motor vehicle or from within 500 feet of a motor vehicle

an artificial light upon any game mammal, predatory animal or livestock while there

is in the possession or in the immediate physical presence of the person a weapon

with which the game mammal, predatory animal or livestock could be killed.

(b)

Subsection (a) does not apply to a person who casts artificial light upon a game

mammal, predatory animal or livestock:

(1)

From the headlights of a motor vehicle that is being operated on a road in the

usual manner, if that person makes no attempt to kill the game mammal or

livestock; or

(2)

When the weapon that person has in the possession or immediate physical

presence of the person is disassembled or stored, or in the trunk or storage

compartment of a motor vehicle; or

(3)

On land owned or lawfully occupied by that person; or

(4)

On publicly owned land when that person has an agreement with the public body

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to use that property.

3-4-17

Hunting, Fishing, or Trapping in Certain Areas Restricted.

(a)

No person shall fish, hunt, or trap in areas closed to such activities by the Tribe, the

State of Oregon, or any federal agency.

(b)

Except as provided below, no person shall hunt or trap within the boundaries of any

city, public park, cemetery, or on any school lands.

(c)

No hunting or trapping shall be allowed on any lands within the boundaries of any

city, public park or on any school lands unless:

3-4-18

(1)

The governing body or other agency that administers the affairs of the city,

public park or school authorizes such hunting or trapping; and

(2)

The Tribe authorizes uses of such lands.

Use of Dogs or Bait to Hunt Black Bears or Cougars.

(a)

A person may not use bait to attract or take black bears or use one or more dogs to

hunt or pursue black bears or cougars.

(b)

Nothing in section prohibits the use of bait or one or more dogs by employees or

agents of the Tribe while acting in their official capacities.

(c)

For the purposes of this section, “bait” means any material placed for the purpose of

attracting or attempting to attract bears.

3-4-19

Trap check requirements.

(a)

A person may not set a trap for fur-bearing mammals without checking the trap at

least once during each 48-hour period.

(b)

A person may not set a trap for a predatory animal without checking the trap on a

regular basis.

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3-4-20

(a)

Use of Electricity or Foreign Substances to Take Game Fish Prohibited.

No person shall:

(1)

Use in any body of water any electric current that may attract, frighten, retard,

stun, kill or obstruct the movement of any game fish.

(2)

Place in any body of water any foreign substance such as blood or fish offal or

any gas, chemical, drug or powder that may attract, frighten, retard, stun, kill or

obstruct the movement of any game fish.

(3)

Use any body of water any explosive device for the purpose of taking game fish.

(b)

3-4-21

No person shall possess any game fish that the person knows or has reason to

know was taken in violation of this section.

Angling from Fishways Restricted.

No person shall trespass upon or angle from any fishway or angle within an area of a body

of water bounded by a line extending across the body of water 200 feet above the upper

end of a fishway and a line across the body of water 200 feet below the lower end of a

fishway.

3-4-22

Severability.

If a court of competent jurisdiction finds any provision of this Chapter to be invalid or illegal

under applicable federal or tribal law, such provision shall be severed from this Chapter and

the remainder of this Chapter shall remain in full force and effect.

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HUNTING, FISHING, TRAPPING, AND GATHERING

LEGISLATIVE HISTORY AND EDITORIAL CHANGES

The Tribal Council of the Confederated Tribes of Coos, Lower Umpqua and Siuslaw

Indians enacted the Hunting, Fishing, Trapping and Shellfish Gathering Code in

Resolution – 24-053 on April 14, 2024 , Vote was 7 (for), 0 (against), and 0 (abstaining).

The Tribal Council of the Confederated Tribes of Coos, Lower Umpqua and Siuslaw

Indians enacted the Hunting, Fishing, Trapping and Shellfish Gathering Code in

Resolution – 24-110 on June 26, 2024, Creating Ordinance #104. Vote was 6 (for), 1

(against), and 0 (abstaining).

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