MEMORANDUM OF AGREEMENT TO DEFINE EXERCISE OF (2023)

MEMORANDUM OF AGREEMENT TO DEFINE EXERCISE OF

HUNTING, FISHING, TRAPPING AND GATHERING OF THE SILETZ

TRIBE AND ITS MEMBERS AND

SETTING OUT PRINCIPLES OF COOPERATIVE MANAGEMENT OF

WILDLIFE RESOURCES

Between

The Confederated Tribes of Siletz Indians

And

The State of Oregon, by and through the Oregon Department of Fish and

Wildlife

RECITALS:

Whereas, the Confederated Tribes of Siletz Indians (‘Siletz Tribe”) is a federallyrecognized Indian tribe located within the geographic borders of the State of

Oregon (“State”) comprised of numerous historical tribes and bands from

throughout western Oregon who were confederated together and removed and

resettled on the Siletz Coast Reservation;

Whereas, the Siletz Tribe asserts an interest in wildlife resources, habitat and

management reserved in treaties, statutes, Executive Orders or other authority, and

desires to cooperate with the State of Oregon in reaching mutual agreement on

subsistence and ceremonial hunting, fishing, trapping and gathering of those

resources and engaging in cooperative management activities that will preserve,

protect and enhance wildlife habitat and wildlife population numbers in the

geographic areas of interest to the Siletz Tribe and its members;

Whereas, the Oregon Department of Fish and Wildlife “ODF W”), pursuant to its

statutory authority including but not limited to ORS 496.012, ORS 496.138 and

ORS 496.146, has the responsibility and authority to manage the State’s wildlife

resources for the benefit of Oregon’s citizens;

Whereas, consistent with the wildlife policy of the State of Oregon (ORS

496.012), ODF W’s duty is to manage wildlife to prevent serious depletion of any

indigenous species and to provide the optimum recreational and aesthetic benefits

for present and future generations of the citizens of Oregon;

Whereas, consistent with ORS 496.012, ODFW has an interest in working

cooperatively with federally-recognized Indian Tribes located in Oregon on

wildlife resource issues;

Whereas, the Siletz Confederated Tribe is a confederation of tribes and bands

from throughout western Oregon who were removed or relocated to the Siletz

Coast Reservation established by Executive Order on November 9, 1855. Tribes

and bands that resided in the area where the reservation was established remained

where they were;

Whereas, the Siletz Tribe is comprised of tribes and bands that executed treaties

with the United States that were formally ratified by the United States Senate,

tribes and bands that executed treaties with the United States that were not ratified

by the United States Senate, and tribes and bands that never negotiated treaties

with the United States;

Whereas, some or all of these tribes and bands, and individual Indians and

families from these tribes and bands, were located on the Siletz Coast Reservation

and became part of the Siletz Confederation formed by the United States

government and recognized by it as one tribal government;

Whereas, the Siletz Tribe and its constituent bands and tribes assert an interest in

the harvest, regulation and management of wildlife resources within territory ceded

by various ratified and unratified treaties or based upon aboriginal title, within

traditional harvest areas used by the tribes and bands outside ceded areas, and

within the reservation(s) set aside by the federal government for the use of the

Siletz Confederated Tribe or its constituent bands and tribes;

Whereas, the Siletz Tribe’s wildlife resource hunting, fishing, trapping and

gathering rights (“HFT&G rights”) have never been directly litigated, adjudicated

or determined by any court in which the Siletz Tribe has been a party;

Whereas, the Siletz Tribe has a public policy of cooperation and coordination with

the State on wildlife resource issues;

Whereas, it is the mission of the Siletz Tribal Natural Resources Department to

care for, protect, enhance and provide for the wise use of all of the Tribe’s natural

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resources in a manner which will ensure that all generations to come will benefit

from these resources;

Whereas, it is the mission of the Oregon Department of Fish and Wildlife to

protect and enhance Oregon's wildlife resources and their habitats for use and

enjoyment by present and future generations;

Whereas, to fulfill these complementary missions, ODFW and the Siletz Tribe

(“Parties”) have a shared interest in how the wildlife resources, lands and waters of

Oregon are managed; and

Whereas, functional, abundant and accessible habitat is the foundation on which

wildlife resource populations persist. Challenges to the persistence of native

wildlife resources are increasingly complex and intersectional. These challenges

primarily influence wildlife resource populations through the quality, quantity,

and/or accessibility of available habitat. Wildlife resource habitat will be

increasingly impacted by changing land and water use, climate, water quality &

quantity, and other anthropogenic issues as Oregon’s human population and

development needs grow.

NOW THEREFORE, the Parties agree that:

1. Definitions.

a. “Wildlife resources” as used in this Agreement means all animal species

over which ODFW exercises management authority, including all

mammalian and avian species managed by ODF W, and all finfish,

shellfish, crustaceans and other aquatic animals managed by ODFW.

b. “Hunting” and “Trapping” includes take of all mammalian and avian

species managed by ODFW, including marine mammals.

c. “Fishing” includes take of all finfish, shellfish, crustaceans, and other

aquatic animals managed by ODFW.

d, “Gathering” includes take of any animals such as shellfish, eels, etc., that

are managed by ODF W and are gathered rather than hunted or fished.

e. “Commercial harvest” as used in this Agreement means taking wildlife

resources in excess of limits permitted for ceremonial, subsistence or

personal use, or taking, handling, processing, or otherwise disposing of or

dealing in wildlife resources with the intent of disposing of such wildlife

resources or parts thereof for profit, or by sale, barter or trade, in

commercial channels, except as otherwise permitted under Oregon

Revised Statute or Oregon Administrative Rule, including this

Agreement.

Authority. This Agreement is entered into between the Siletz Tribe and the

State of Oregon by and through the Oregon Department of Fish and Wildlife

(‘ODF W”). ODFW has authority to enter into this Agreement pursuant to

statutory authority including ORS 190.110, ORS 496.012, ORS 496.138 and

ORS 496,146, The Siletz Tribe has authority to enter into this Agreement

pursuant to the Siletz Constitution, Article TV, Section 1.

Overview of Agreement.

»

a. Intent of Agreement. The intent of this Agreement is to set out how the

Siletz Tribe and its members will hunt, fish, trap and gather wildlife

resources over which ODFW has management authority within the

geographic area defined by this Agreement and to set out agreed upon

principles for cooperative management of wildlife resources between

ODFW and the Siletz Tribe in that area.

b. General Framework. This Agreement does not define the specific

amount or number of wildlife resources, or the specific seasons that apply

to Siletz tribal members’ take of wildlife resources. Instead, this

Agreement sets out standards and the process for the Tribe to determine

tribal harvest limits and areas in cooperation with ODFW, as well as

principles of cooperative management of wildlife resources, within a

defined geographic area for the purpose of enhancing and perpetuating

such wildlife resources, This Agreement also sets out principles for

voluntary coordination of enhancement and management of the habitat,

watershed, ecosystem and wildlife resources within the defined

geographic area.

4,

Geographic Scope of Agreement.

a. Geographic Area Included in this Agreement. The geographic area

covered by this Agreement shall be the following area:

The original Siletz Coast Reservation established by Executive Order on

November 9, 1855. See 1 Kappler’s Indian Affairs: Laws and Treaties

890-91 (GPO 1906), as modified by the map attached to this Agreement

as Appendix A to include cohesive watersheds and other resource

features which impact the wildlife resources within the original

Reservation area.

This area shall be defined as follows: ODFW Wildlife Management Units

14 (Trask), 17 (Stott Mt), 18 (Alsea), and 20 (Siuslaw).

The geographic area includes, where applicable, the adjacent territorial

sea claimed by Oregon.

b. Future Amendments to Geographic Scope. The Siletz Tribe may

request that additional geographic areas be added under this Agreement

under the terms of Section 12 of this Agreement. ODFW commits to

consider such proposals in good faith.

c. Geographic Areas Excluded from this Agreement. The following

areas are excluded from the geographic area described in subsection (a):

i. The original Grand Ronde Reservation established by Executive

Order on June 30, 1857, except with permission of the Grand

Ronde Tribe. See | Kappler’s Indian Affairs: Laws and Treaties

886 (GPO 1906).

ii, Any property held in trust for another federally-recognized Indian

tribe within the geographic areas described in subsection (a) of this

Section.

iii, The mainstem Columbia River and the Willamette River from its

mouth to the top of Willamette Falls.

d. Nothing within this Agreement allows tribal members to access private

lands without the permission of the landowner. Private lands includes,

but is not limited to, lands owned by other federally-recognized Indian

Tribes in fee.

§, Tribal Harvest of Wildlife Resources.

a, Controlling Principles. This Agreement covers hunting, fishing,

trapping and gathering by the Siletz Tribe and tribal members of all

wildlife resources managed by ODFW within the geographic scope of the

Agreement. Harvest of animals, plants and other resources not regulated

by ODF W are outside of the scope of this Agreement. Further, the Parties

acknowledge that federal law regulates the take of certain species over

which ODFW has management authority, and that nothing in this

Agreement authorizes take by the Siletz Tribe or tribal members

inconsistent with ODFW’s authority under federal law.

b. Ceremonial and Subsistence Harvest.

i. Commercial Harvest Prohibited. This Agreement is limited to

ceremonial and subsistence harvest of wildlife resources within the

geographic area defined in this Agreement. Commercial harvest by

the Siletz Tribe or tribal members is not permitted or authorized

under this Agreement.

ii. Permitted Commercial Activity.

a) Enrolled tribal members may exchange (gift, trade, or barter)

wildlife or wildlife parts lawfully harvested for ceremonial or

subsistence putposes with enrolled members of the Siletz Tribe

or other federally-recognized Indian Tribes.

b) Enrolled tribal members may sell traditional or cultural items

created from shells of shellfish, or from hides or otoliths of

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iii.

finfish that tribal members lawfully harvested for ceremonial or

subsistence purposes.

ce) All other commercial activity with wildlife or wildlife parts

lawfully harvested for ceremonial or subsistence purposes must

be consistent with Oregon Revised Statute and Oregon

Administrative Rule, including sale of wildlife patts associated

with Siletz Members’ creation of traditional, cultural or other

items.

Framework for Harvest. The limits and areas of tribal ceremonial

and subsistence harvest will be set annually or seasonally by

mutual agreement of the Parties based on the best available

scientific data of estimated availability, escapement goals, tribal

needs, conservation necessity, and ODFW management goals such

as those related to research, disease management or population

enhancement.

The Siletz Tribe and ODFW will meet initially after the effective

date of this Agreement to discuss species and area concerns within

the geographic scope of this Agreement, based on the negotiation

principles set out in the previous paragraph and a list of species

that are of interest for harvest by tribal members. Once these

concerns have been negotiated and agreed to, the Parties shall meet

as often as necessary to discuss and negotiate annual and seasonal

tribal ceremonial and subsistence harvest and to determine the

limits and areas of tribal ceremonial and subsistence harvest for the

year or season. These annual or seasonal negotiations will include

discussion of any modifications needed to the initial harvest

agreement, including the addition of new species of interest to

tribal members or proposed limitations on the take of certain

species where limitations are needed because of conservation

necessity, relevant federal or state regulatory needs, or other

ODFW wildlife management issues such as research needs, disease

management or population enhancement.

Any disagreement regarding tribal ceremonial or subsistence take

will be resolved pursuant to the dispute resolution provisions of

this Agreement.

iv. ODFW and the Siletz Tribe will voluntarily and fully share all

biological/technical data, analyses, and information of any nature

each possesses relevant to evaluate the Tribe’s annual or seasonal

harvest proposal.

vy. Upon reaching agreement on limits and areas for ceremonial and

subsistence harvest, ODFW will issue the Tribe an Annual

Implementing Permit consistent with the Parties’ agreement, which

is incorporated by reference into the tribally-issued licenses and

tags that authorize tribal harvest of fish and wildlife. The Siletz

Tribe believes that tribal authority to issue licenses and tags and

regulate tribal wildlife harvesting is a matter of tribal sovereignty

and exists independently of any State-issued permit.

ec. Special Areas.

i. Fish and Shellfish Harvest. Siletz tribal members are authorized

to harvest fish and shellfish for subsistence and ceremonial

purposes within the geographic stope of this Agreement within

areas that are owned or managed by ODFW, excluding marine

reserves and marine protected areas except as set forth below, but

including marine gardens, research reserves, shellfish preserves,

habitat refuges, and similar type areas where ODFW’s

management authority is not restricted by federal law, State law, or

other agreement, provided that the Siletz Tribe will coordinate

such reasonable harvest opportunities with ODF W to cause

minimal disruption to the purposes or function of the area.

Within marine reserves and marine protected areas, Siletz tribal

members are authorized to harvest fish and shellfish within the

geographic scope of this Agreement for subsistence and

ceremonial purposes, provided that Siletz members shall follow the

Oregon Sport Fishing Regulations and Oregon statutes which may

restrict harvest opportunities in those areas.

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ii, Hunting and Trapping. Siletz tribal members are authorized to

hunt and trap wildlife resources on ODF W owned or managed

lands only in accordance with Oregon Administrative Rules

applicable to the location, including method of harvest. The Siletz

Tribe may request special access and opportunity for their

members, or changes to other aspects of the regulations for hunting

or trapping activities on any of these lands that deviate from

currently applicable regulation through the Siletz Tribe’s annual

harvest proposal. ODF W commits to consider such proposals with

the goal of providing the requested access and opportunity while

preserving the conservation, management and safety objectives of

the regulations applicable to the area(s).

d. Method. Method of harvest shall be subject exclusively to tribal

decision, except that harvest in special areas listed in section 5(c) above

must be consistent with Oregon Administrative Rules for the species and

area of harvest.

e. Licensing and Tagging; Tribal Regulation. Licensing and tagging for

all resource harvest activities authorized and permitted under this

Agreement shall be subject to tribal regulation and management. All

harvest of wildlife resources by Siletz tribal members shall be consistent

with tribal law and regulation and with this Agreement. The Siletz Tribe

shall collect and report license, tag, and harvest numbers to ODFW on an

annual basis or as otherwise requested by ODF W.

In order to aid the Parties’ mutual goal of avoiding enforcement

confusion, tribal members hunting, fishing or trapping pursuant to this

Agreement will carry tribal identification and tribally-authorized tags

showing that the Siletz Tribe has authorized take of that species and will

present the same to law enforcement officers, peace officers, and ODFW

personnel upon request.

f, Communication. In order to aid the Parties’ mutual goal of avoiding

enforcement confusion, ODF W and the Siletz Tribe will develop and

h.

implement a communication plan that seeks to provide adequate notice to

ODFW and OSP staff in the relevant regions about upcoming ceremonial

and subsistence hunting, fishing, trapping, or gathering opportunities

exercised or implemented under this Agreement.

Enforcement. ODFW and the Siletz Tribe understand that tribal

members engaged in harvest related activities under this Agreement may

be cited by either State or Tribal enforcement authorities for the alleged

violations of State or tribal law. The goal of the Tribe and ODF'W is that

members of the Tribe are subject primarily to Tribal prosecution

authority. Therefore, ODFW commits to working with the Siletz Tribe to

seek to secure: (1) referral agreements with the District Attorneys in the

counties within the geographic scope of this Agreement whereby alleged

violations in their jurisdiction are referred to the Siletz Tribe for review

and potential prosecution; and (2) to work with State and tribal

enforcement authorities, including the Oregon State Police, to attempt to

establish an enforcement coordination mechanism whereby tribal

members allegedly violating State or tribal wildlife laws of the State or

Siletz Tribe are summoned initially to the Siletz Tribal Court.

Tribal Regulation of Harvest Consistent with Oregon Revised

Statutes. The Tribe agrees to adopt harvest reculations consistent with

Oregon Revised Statutes, including those identified in Appendix B.

Potential Future Commercial Harvest. This Agreement does not

authorize tribal commercial harvest of any wildlife resource. Any

commercial harvest would be subject to a future negotiation and

agreement in order to be included herein. If the Siletz Tribe presents

ODFW with a proposal for harvesting wildlife resources primarily for

commercial use, ODF W will consider the proposal for consistency with

applicable State and federal law, the ability of the fish or wildlife

resource to sustain the proposed commercial harvest consistent with its

biological requirements and conservation necessity, and the factors of the

Wildlife Policy in ORS 496.012. This Agreement may be amended in the

future to incorporate such a proposal if it is accepted by ODF W.

Coordination with Other Tribes. In the event that ODF W enters into a

comparable Hunting, Fishing, Trapping and Gathering Agreement with

another Oregon based tribe regarding the taking of fish and wildlife or

cooperative management of wildlife resources within all or part of the

geographic scope of this Agreement or within the geographic area in an

amendment to this Agreement, and such agreement includes obligations

substantially identical to this subsection 5(j), the Siletz Tribe will meet

annually with such other tribe to discuss issues of mutual concern within

such geographic area, including planned harvest areas and limits and

proposed cooperative management of natural resources.

6. Cooperative Management of Natural Resources between ODF W and

Siletz Tribe.

a.

d.

Definition of Cooperative Management of Natural Resources.

Cooperative Management of Natural Resources is defined as a

collaborative effort established through a voluntary agreement in which

two or more sovereigns mutually negotiate, define, and allocate amongst

themselves cooperative management functions and responsibilities for a

given territory, area, or set of natural resources. This cooperative

management authority may be non-exclusive between the Parties and

shail be dependent upon the resources committed by each Party.

Annual meeting. ODFW and Siletz Tribe natural resource managers

shall meet on an annual basis to discuss fish and wildlife habitat

management activities within the geographic area established under this

Agreement for the upcoming calendar year or years.

Coordination of fish and wildlife habitat management. ODFW and the

Siletz Tribe will coordinate the use of their respective authorities,

expertise, and influence as regulatory or voluntary opportunities are

presented to protect and restore fish and wildlife habitat within the

geographic scope of this Agreement.

Funding. ODFW and the Siletz Tribe will coordinate applying for,

seeking, and obtaining third party funding through grants, appropriations,

or other means to enhance financial resources available to carry out

wildlife resource management activities. This provision does not prohibit

each Party from also applying for such funding on its own.

e. Data sharing. ODFW and the Siletz Tribe will annually share data and

information related to wildlife resource management, population health,

and habitat conditions.

f. Coordination of other management activities. ODFW and the Siletz

Tribe will coordinate on other management activities jointly determined

to be necessary or appropriate to ensure the long-term sustainability of

Oregon’s fish and wildlife species within the geographic scope of this

agreement. This coordination may include non-lethal deterrence and/or

lethal removal of individuals of one species that are preying on or

otherwise impacting another species.

Dispute Resolution; Effect on Other Indian Tribes; Limitation on Effect

of Agreement.

a. Principles. The Parties intend to implement this Agreement in a

cooperative and positive manner. The State and the Siletz Tribe seek to

avoid judicial litigation about the nature and extent of the Siletz Tribe’s

treaty rights or other legal rights to hunt, fish, trap or gather wildlife

resources within the geographic areas covered under this Agreement.

Any disputes that arise under this Agreement regarding cooperative

management, the Siletz Tribe’s exercise of hunting, fishing, trapping or

gathering of wildlife resources within the included geographic areas, the

extent of the Siletz Tribe’s subsistence or ceremonial harvest in general

or in any particular year or area shall be resolved pursuant to this section.

b. Rights of the Siletz Tribe or Other Federally-Recognized Tribes to

Independently Raise Claims. Nothing in this Agreement shall affect,

impair or constrain the right of the Siletz Tribe or any other federallyrecognized Indian Tribe not a party to this Agreement to raise claims in

any geographic area to hunt, fish, trap or gather pursuant to treaty, statute

or other legal authority in any appropriate forum that has jurisdiction,

unconstrained completely by any terms of this Agreement. Any right or

interest of the Siletz Tribe to initiate a separate proceeding or to

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d.

participate in any other pending legal proceeding must be independently

established under applicable law and procedure.

Mediation. Where possible, disputes under this Agreement shall be

resolved pursuant to mediation, with the mediator or mediators selected

jointly by the Siletz Tribe and ODFW. If possible, the Siletz Tribe and

ODFW will agree to a mediator or mediation firm ahead of time, so any

mediation under this Agreement can be initiated in timely fashion. Any

such agreement can be revisited by the Parties at any appropriate time,

and a replacement mediator appointed. Any such mediation shall be

governed by mediation standards followed by or acceptable to the State

of Oregon. Any such mediation shall seek to reach conclusion within 180

days.

Governing Law. The laws of the State of Oregon (without giving effect

to its conflicts of law principles), including this Agreement once adopted

by administrative rule, govern all matters arising out of or relating to this

Agreement, including, without limitation, its validity, interpretation,

construction, performance, and enforcement.

Designation of Forum and Consent to Jurisdiction for Disputes

under this Agreement. Any party to this Agreement bringing a legal

action or proceeding against any other party to this Agreement arising out

of or relating to this Agreement shall bring the legal action or proceeding

in the Circuit Court of the State of Oregon for Marion County. Each party

hereby consents to the exclusive jurisdiction of such court, waives any

objection to venue, fo exhaustion of tribal remedies, and waives any

claim that such forum is an inconvenient forum. Notwithstanding the

foregoing, ifa claim must be brought in a federal forum, then it must be

brought and adjudicated solely and exclusively within the United States

District Court for the District of Oregon. This section applies to a claim

brought against the State of Oregon only to the extent Congress has

appropriately abrogated the State of Oregon’s sovereign immunity and is

not consent by the State of Oregon to be sued in federal court. This

Section is also not a waiver by the State of Oregon of any form of

immunity, including but not limited to sovereign immunity and immunity

based on the Eleventh Amendment to the Constitution of the United

States.

f. Sovereign Immunity. The Parties agree to a limited waiver of sovereign

immunity only for purposes of this Agreement, and only for the benefit

of the other Party. This limited waiver of sovereign immunity confers no

rights or benefits on any third party. This waiver is limited to

nonmonetary declaratory and nonmonetary injunctive relief and does not

authorize any award for punitive or indirect or any other form of

damages.

il.

State Waiver of Sovereign Immunity. The Oregon legislature has

waived the State’s sovereign immunity to suit in State court as

provided in ORS 30.320. No part of this Agreement is a waiver by

the State of Oregon of any form of immunity, including but not

limited to sovereign immunity and immunity based on the

Eleventh Amendment to the Constitution of the United States.

Limited Tribal Waiver of Sovereign Immunity. THIS WAIVER

OF THE SOVEREIGN IMMUNITY OF THE SILETZ TRIBE

FROM SUIT OR ACTION IS ADOPTED PURSUANT TO AND

IN CONFORMANCE WITH THE CONFEDERATED TRIBES

OF SILETZ INDIANS TRIBAL CODE LIMITED WAIVER OF

SOVEREIGN IMMUNITY ORDINANCE, STC §2.250 et seq.)

AND SHALL BE STRICTLY CONSTRUED AND LIMITED TO

ITS SPECIFIC TERMS AND THE SPECIFIC WAIVER

GRANTED. The Siletz Tribe hereby waives its immunity to suit in

State court for the limited purpose of enforcing or interpreting this

Agreement. The Siletz Tribe’s limited waiver of sovereign

immunity is limited to declaratory or injunctive relief to resolve

disputes or ensure compliance with the Agreement. This waiver

shall not include monetary damages, including but not limited to

indirect, economic or punitive damages. The Siletz Tribe’s limited

waiver of sovereign immunity is limited to the Parties to this

Agreement and does not confer or afford any rights or benefits to

any other party or person. The Siletz Tribe’s limited waiver of

sovereign immunity does not apply to any other action, contract or

agreement. A copy of the resolution approving the waiver of

sovereign immunity in this Agreement by the Confederated Tribes

of Siletz Indians Tribal Council shall be provided to ODFW within

30 days of execution of this Agreement by the Siletz Tribe.

Notices. Notices shall be sent to the following contact offices and persons

under this Agreement:

For the State:

Curt Melcher, Director

Oregon Department

of Fish and Wildlife

4034 Fairview Industrial Dr. SE

Salem, OR 97304

Curt. Melcher@odfw.oregon.gov

503-947-6000

For the Tribe:

Mike Kennedy

Natural Resources Manager

Confederated Tribes

of Siletz Indians

P.O. Box 549

Siletz, OR 97380

MikeK @ctsi.nsn.us

With a Copy To:

Dorsay & Easton LLP

1737 NE Alberta St., Suite 208

Portland, OR 97212

craig@dorsayindianlaw.com

Miscellaneous,

a. The United States of America is not a party to this Agreement, and its

interests or rights are not involved or affected by this Agreement.

b. The Siletz Tribe shall continue to have the right to receive a minimum of

4,000 pounds annually of surplus salmon carcasses from a source to be

determined by ODFW. These fish shall be fit for human consumption and

grade one fish shall be supplied if available. After ODFW has sorted the

surplus salmon and has determined which fish are available for

consumption, the Siletz Tribe may at its option participate in the final

selection of these fish. An authorized agent of the Siletz Tribe shall be

responsible for pickup of salmon carcasses at an appropriate location or

locations designated by ODF W and reasonably convenient to the Siletz

Tribe. The Siletz Tribe shall make all arrangements for the consumption

of such fish, but such fish shall not be used for commercial purposes.

ce. In addition to the Siletz Tribe’s right to harvest wildlife resources as set

forth in this Agreement, ODF W in coordination with OSP shall make

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10.

11.

12.

available to the Tribe, at the Tribe’s option, a substantial portion of the

deer, bear and elk carcasses received by ODF W in coordination with

OSP within the geographic area under this Agreement. ODFW, in

coordination with OSP, shall promptly advise the Tribe of available

carcasses. The Tribe shall be responsible for pickup and any costs for

processing.

Effect on Other Agreements. This Agreement shall acknowledge and

incorporate any other Agreement entered into and effective between ODF W

and the Siletz Tribe involving wildlife resources in existence on the effective

date of this Agreement, except for the ‘Agreement Among the State of

Oregon, United States of America and the Confederated Tribes of Siletz

Indians of Oregon to Permanently Define Tribal Hunting, Fishing, Trapping,

and Gathering Rights of the Siletz Tribe and its Members’, signed by the

Parties and dated April 22, 1980, The Parties acknowledge that this

Memorandum of Agreement does not in any way, replace, amend or

otherwise modify the ‘Agreement Among the State of Oregon, the United

States of America and the Confederated Tribes of the Siletz Indians of

Oregon to Permanently Define Tribal Hunting, Fishing, Trapping, and

Gathering Rights of the Siletz Tribe and its Members’ signed by the Parties

and dated April 22, 1980.

In addition, ODFW and the Siletz Tribe may voluntarily enter into

subsequent agreements addressing subjects outside the scope of this

Agreement. Nothing precludes negotiation of additional agreements between

ODF W and the Siletz Tribe on subjects not covered by this Agreement.

Nothing in this Agreement precludes ODF W from entering into hunting,

fishing trapping and gathering agreements with other federally-recognized

Indian Tribes located within Oregon’s geographic borders.

Effective Date. This Agreement shall become effective when the Oregon

Fish and Wildlife Commission and the Siletz Tribe have adopted the

necessary rules and resolutions, and both parties have executed this

Agreement.

Amendments/Termination.

14.

18.

a. This Agreement can be amended in writing by mutual consent of the

Siletz Tribe and ODFW.

b. This Agreement can be terminated in writing by mutual consent the

Siletz Tribe and ODFW.

c. Either party may terminate this Agreement for any reason. If the Parties

do not agree to jointly terminate the Agreement, the party that is

initiating the termination shall serve written notice to the other party’s

contact listed in paragraph 8 above. The State and the Tribe shall

thereafter meet within 60-days in an effort to resolve the dispute. In the

event the dispute is not resolved after meeting, either party may terminate

this Agreement by sending written notice to the other party.

Equity In Cooperative Management Agreements. The Parties understand

that ODF W may enter into cooperative management agreements with other

federally-recognized tribes that address issues or matters similar to those

addressed herein. In the event that any other such ODF W/Tribal cooperative

management agreement includes terms that the Siletz Tribe believes are

more favorable than those initially agreed to herein, the Parties agree to

renegotiate the relevant terms.

Available Funding and Continued Authority. ODFW’s obligation to

perform its duties under this Agreement is conditioned upon the continuation

of ODF W’s authority to enter and maintain this Agreement, and upon

ODFW receiving funding, appropriations, limitations, allotments, or other

expenditure authority sufficient to allow ODFW, in the exercise of its

reasonable administrative discretion, to meet its obligations under this

Agreement. Nothing in this Agreement may be construed as permitting any

violation of Article XI, Section 7 of the Oregon Constitution or any law

limiting the activities, liabilities, or monetary obligations of ODFW.

Effect of Agreement. No additional tribal legal or treaty entitlement is

created, conveyed, established, expanded, adjudicated or implied, nor is any

existing agreement, treaty or court decree modified by the adoption of this

Agreement.

Signatures

—tLilacanl Lizabiy b/or/23

Delores Pigsley ri Gg Date

Chairman

The Confederated Tribes of Siletz Indians

Cate EW, Ws(22

Curt Melcher Date

Director

Oregon Department of Fish and Wildlife

Appendix A. Geographic Scope

ED witstive Management Unit

[2 Oniginat coast Reservation

ZJ Territotiat sea

= Major Stream/River

HE Agreement Area

Appendix B. Statutory Hunting and Trapping Restrictions

497.350 Hunting restriction; generally. (1) No person younger than 12 years of age shall hunt

antelope, black bear, cougar, deer, elk, mountain goat, mountain sheep or moose,

(2) No person younger than 14 years of age shall hunt with a firearm or bow and arrow

unless the person is accompanied by an adult, or is hunting on land owned by the parent or legal

guardian of the person,

497.360 Hunter safety certificate; training program; youth hunter mentoring program;

rules. (1) No person younger than 18 years of age shall hunt wildlife, except on the person's own

land or land owned by the parent or legal guardian of the person, unless the person:

(a) Has in possession a certificate, issued by the State Fish and Wildlife Commission or by an

agency of another state, stating that the person has satisfactorily completed a course prescribed

or approved by the commission in the safe handling of lawful hunting weapons; or

(b) Is participating in a supervised hunt as provided in subsection (3) of this section.

(2) The commission, by rule, shall prescribe and administer a hunter safety Waining program

to provide instruction in the safe handling of lawful hunting weapons. The program may also

include instruction on wildlife and natural resource conservation, first aid and survival and such

other subjects as the commission considers desirable to promote good outdoor conduct and

respect for the rights and property of others. The commission may cooperate and enter into

agreements with other public or private agencies and individuals in carrying out the provisions of

this subsection. The Department of State Police and the Department of Education are directed to

cooperate with the commission in carrying out the provisions of this section.

(3){a) The commission, by rule, shall prescribe and administer a youth hunter mentoring

program that allows a person who is between nine and 16 years of age to hunt while in the

presence ofa supervisory hunter who is 21 years of age or older and who holds the appropriate

licenses, tags and permits issued pursuant to the wildlife laws. Only one lawful hunting weapon

may be carried during a supervised hunt under this subsection. A person participating ina

supervised hunt under this subsection may hunt wildlife under the same conditions applicable to

the supervisory hunter’s licenses, tags and permits.

(b) The commission, by rule, may prescribe any relevant safety and ethical standards for

participation in a supervised hunt under this subsection.

498.056 Aiming rifle from moving motor vehicle prohibited. No person who is the occupant

ofa motor vehicle that is moving on a road open to the public shall aim a rifle or other firearm

from the motor vehicle at a time when the hunting of wildlife is lawful.

498.102 Use of dogs to hunt or track game mammals or birds. (1) Any dog that is not

wearing a collar with a license number thereon in compliance with ORS 609.100 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.

(2) Ifa dog that is found unlawfully hunting, running or tracking any game mammal or game

bird is wearing a collar with a license number thereon in compliance with ORS 609.100, the

owner of the dog shall be notified by any person authorized to enforce the wildlife laws. If the

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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.

(3) 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.

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

game mammal or game bird.

498.126 Hunting or assisting others to hunt or locate game animals or birds by aircraft

prohibited; exemption; rules. (1) A person may not:

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

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

of any game mammals or game birds.

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

or game birds for the purpose of hunting.

(2) 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.

(3) Every pilot shall maintain a log book that shows the names and addresses of record of the

persons transported, point of departure, point of destination, time and date of each flight that the

pilot makes in an aircraft within this state to lransport a person to or from any place to hunt. The

log book is subject to inspection by any person authorized to enforce the wildlife laws.

(4)(a) Notwithstanding subsections (1) to (3) of this section, and except as provided in

subsection (5) of this section, the State Department of Fish and Wildlife, 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:

(A) Hunting game mammals or game birds from or with the aid of an aircraft: or

(B) Transmitting from an aireraft information regarding the location of any game mammal or

game bird,

(b) The State Fish and Wildlife Commission shall define by rule the terms “emergency

situations” and “necessary” for purposes of implementation of this section.

(5) If the definition of “game mammal” in ORS 496.004 is modified to include wolves, then

the department may conduct wolf management activities under this section only under a

statewide wolf management plan adopted by the commission. [1973 ¢.723 §87; 1987 ¢.277 81;

1989 c.448 §1; 1999 ¢.935 §30; 2003 ¢.566 §1; 2003 c.762 §1]

498.128 Use of drones for pursuit of wildlife prohibited; rules. (1) The State Fish and

Wildlife Commission shall adopt rules prohibiting the use of drones for the following purposes

related to the pursuit of wildlife:

(a) Angling;

(b) Hunting;

(c) Trapping:

(d) Aiding angling, hunting or trapping through the use of drones to harass, track, locate or

scout wildlife; and

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

(2) Rules adopted to carry out the prohibitions provided for in this section may include

exemptions for:

(a) Subject to ORS 837.360, the State Department of Fish and Wildlife and the department's

agents and contractors for the use of drones in carrying out the duties of the department; or

(b) The use of drones in a manner otherwise prohibited under this section if the purpose of

the use is to benefit wildlife management or habitat or for the protection of property.

(3) Nothing in this section is meant to limit the use of drones by a person who is lawfully

engaging in activities authorized under the commercial fishing laws.

(4) As used in this section, “drone” means:

(a) An unmanned flying machine;

(b) An unmanned water-based vehicle; or

(c) Any other vehicle that is able to operate in the air, in or under the water or on land, either

remotely or autonomously, and without a human occupant,

498.136 Hunting from motor-propelled vehicle restricted; rules. (1) Except as provided in

subsection (2) of this section, a person may not hunt wildlife from a motor-propelled vehicle.

(2) The State Fish and Wildlife Commission, by rule, may authorize hunting from a motorpropelled vehicle by a person with a disability or for the purpose of alleviating damage by

wildlife to other resources.

(3)(a) Nothing in the wildlife laws, or rules adopted pursuant thereto, is intended to prohibit

the companion of a person with a disability who is lawfully hunting from a motor-propelled

vehicle from killing an animal wounded by the person and applying to the animal the tag issued

to the person for the taking of the animal, even if the companion has already validated any tag

required for the taking of such an animal.

(b) For purposes of this subsection, “companion” means a person who does not have a

disability.

498.142 Hunting with artificial light restricted; rules. (1) Except as provided in subsection (2)

of this section, no person shall hunt wildlife with the aid of any artificial light.

(2) The State Fish and Wildlife Commission, by rule, may authorize hunting with the aid of

an artificial light for the purpose of taking raccoon, opossum or bobcat or to alleviate damage by

wildlife to other resources.

498.146 Shining artificial light on game mammal, predatory animal or livestock while in or

near motor vehicle and while in possession of weapon restricted. (1) 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.

(2) Subsection (1) of this section does not apply to a person who casts artificial light upon a

game mammal, predatory animal or livestock:

(a) 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

(b) 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

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(c) On land owned or lawfully occupied by that person; or

(d) On publicly owned land when that person has an agreement with the public body to use

that property.

(3) As used in this section, “predatory animal” has the meaning for Uhat term provided in

ORS 610.002.

498.158 Hunting or trapping wildlife in certain governmental districts restricted. (1) Except

as provided in ORS 448.305 and in subsection (2) of this section, no person shall hunt or trap any

wildlife within the boundaries of any city, public park, cemetery or on any school lands.

(2) No hunting or trapping shall be allowed on any lands within the boundaries of any city,

public park or on any school lands unless:

(a) The governing body or other agency that administers the affairs of the city, public park or

school, after notice and hearing, authorizes such hunting or trapping by ordinance or resolution;

and

(b) The State Fish and Wildlife Commission, after notice and hearing, determines that such

hunting or trapping would not adversely affect public safety or unreasonably interfere with other

authorized uses of such lands.

498.164 Use of dogs or bait to hunt black bears or cougars; prohibitions; exemptions;

penalties. (1) Except as provided in subsections (2) and (3) of this section, 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.

(2) Nothing in subsection (1) of this section prohibits the use of bait or one or more dogs by

employees or agents of county, state or federal agencies while acting in their official capacities.

(3) Nothing in subsection (1) of this section prohibits the use of bait or dogs by persons for

the taking of black bears or cougars in accordance with the provisions of ORS 498.012 relating

to taking wildlife that is causing damage.

(4) Any person who violates subsection (1) of this section commits a Class A misdemeanor

and, upon conviction, shall in addition to appropriate criminal penalties have the person's

privilege to apply for any hunting license suspended for a period of five years for a first offense

and permanently suspended for any subsequent offense.

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

attracting or attempting to attract bears.

498.172 Trap check requirements. (1) A person holding a license issued under ORS 497.142

may not set a trap for fur-bearing maminals without checking the trap at least once during each

48-hour period.

(2) A person may not set a trap for a predatory animal, as defined in ORS 610.002, without

checking the trap on a regular basis.

498.208 Use of electricity or foreign substances to take game fish prohibited; rules. (1)

Except as the State Fish and Wildlife Commission by rule may provide otherwise, no person

shall:

(a) Use in any body of water any electric current that may attract, frighten, retard, stun, kill or

obstruct the movement of any game fish.

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(b) Place in any body of water any foreign substance such as blood or fish offal or any gas,

chemical, drug or powder thal may attract, frighten, retard, stun, kill or obstruct the movement of

any game fish.

(c) Use in any body of water any explosive device for the purpose of taking game fish.

(2) No person shall possess any game fish that the person knows or has reason to know was

taken in violation of subsection (1) of this section.

498.216 Angling from fishways restricted; rules. Except as the State Fish and Wildlife

Commission by rule may provide otherwise, 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.