A Sovereign Nation of Confederated Tribes

ROUND

VALLEY

INDIAN

TRIBES

A Sovereign Nation of Confederated Tribes

TRIBAL COUNCIL OFFICE

POST OFFICE BOX 448

COVELO, CALIFORNIA 95428

PHONE : 707-983-8126

FAX : 707-983-8128

LOCATION : ON STATE HWY 182

ONE MILE NORTH OF COVELO

IN ROUND VALLEY

TRIBALTERRITORY SINCE TIME BEGAN

ROUND VALLEY RESERVATION ESTABUSHED

1866

Wildlife Code

ofthe

Ro11nd Valley Indian Tribes

APPRO"VED:

May 15, 2004

TABLE OF CONTENTS

Page No.

Article I.

Statement of Findings ..............................................................................................

Article II.

Declaration of Purpose ................ ......................... ............................................ ....... 2

Article ill.

Definitions ........ ............. ........... .................. .......... .............................................. ..... 3

Article N.

Jurisdiction ...............................................................................................................

4

Article V.

Wildlife Commission ...............................................................................................

4

Article Vl

:tvleetingsof the Wildlife Com.missiort.. .................................................................. 6

Article VIL

Regulatory Authority of the Commission ................................................................ 6

Article VIII.

Licenses, Permits, and Identification Cards ...................... ...................................... 8

Article 1X.

GeneralProhibitions.............................................

...................................................8

Article X

Permits .....................................................................................................................

Anicle :XI.

Sa1eof WildlifeProbibited...............................................................................

.......9

Article XII.

Reporting .................................................................................................................

9

Article XIII.

Ceremonial Hunting and Fishing ...........................................................................

I0

1

9

Article XIV. Prohibited Acts .................................... .............. .................................. .................. I 0

Article XV.

Implementation and Enforcement .........................................................................13

Article XVI.

Authorized Fishing .................................................................................................

14

WILDLIFECODEOF THEROUNDVALLEY

INDIAi"'l

TRIBES

A11icle I.

Statement of Findings

1.1

The Round Valley Indian Tribes ("Tribe~) retain inherent sovereign authority over their

members and their territory in addition to those powers vested in the tribal govenunent

under the Constitutionof the Round Valley Indian Tribes or delegated to it by Act of

Congress. The Tribe shall have jurisdiction over all persons, subjects, property, and all

activities occurring within the boundaries of the Reservation or on other lands within its

territory.

l.2

The Round Valley Indian Reservation, consisting of a checkerboard pattern of primarily

tribal and individual Indian trust lands and Indian and non-Indian fee lands, was created,

and its boundaries and land status modified, by the following actions of the Legislative

and Executive Branches of the United States Government:

(A)

By the Act of March 3, 1873, 17 Stat. 633, Congress increased the size of the

original Round Valley Indian Reservation, established by Secretarial Order in

1858, to approximately 102,118 acres and defined the south, east, and west

boundaries of the Reservation. The Act expressly reserved to the Indians of the

Reservation "the privilege of fishing in said (boundary] streams."

(B)

Pursuant to the Act of October 1, 1890, 26 Stat. 658, approximately46,680 acres

of the Reservation were subsequently allotted to individual tnbal members ,

additional areas were set aside as tribal grazing and timber lands, aridthe

remainder or "excess" lands were opened for sale with the proceeds to be

deposited in the United States Treasury to the credit of the Indians.

(C)

By the Act of February 8, 1905, 33 Stat. 706, Congress directed that the unsold

portions of the Reservation be opened to homestead entry and settlement and that

any land remaining unclaimed after five years be sold

(D)

On February 11, 1947, the Secretary of the Interior, acting 1D1derthe authority of

the Indian Reorganization Act, 48 Stai:.984, issued an order restoring

approximately 7,531 acres of vacant land within the reduced portions of the

Reservation to tribal ownership. 'tvlostof these lands are located along the North

Fork Eel River.

(E)

On December 15, 1986, the United States, acting under the authority of the Indian

Reorganization Act, accepted into trust on behalf of the Covelo Indian

Community of the Round Valley Reservation approximately 11,000 acres of

timber and grazing lands, located in the reduced portions of the R.eservatioIL

1.3

The United St.atesGovernment recognizesthe Rowid Valley Indian Tribes (formerly

known as "the Covelo Indian Community")as a self-governing entity and recognizes its

Tribal Cmmcil as the governing body of the Reservation in accordance with the provision

of the Indian Reorganization Act, 25 U.S.C. § 461 et seq.

1.4

On August 3, 1994 the members oftheRowid Valley Indian Tribes adopted a revised

Constitutio~ which replaced th.e Constitution and Bylaws of the CoveJ.o Indian

Community approved by the Secretary of the futerior on December 16, 1936. On

September 14, 1994, the Acting Deputy Commissioner oflndian Affairs approved the

revised Constitution .

1.5

Among the stated objectives ofthe Constitution are the protection of land, timber, fish,

wildlife, water and natural resources .

1.6

From time immemorial, the members of the Tribe have practiced conservation to protect

the invaluable wildlife resources within the Tribe ' s aboriginal territory from waste and

excessive exploitation.

1.7

. The increasing human population and 3Ctivities within and immediately adjacent to the

Reservation presents threats to the wildlife J1abitat and resources oftbe Reservation. In

the absence of a tribal regulatory structure capable of effective resource management,.

these activities will present increasing hazards to the wildlife on which the members of

the Tribes depend It is vital to the welfare of the Round Valley Indian Tribe and its

members to establish and maintain a uniform comprehensive and coherent scheme for

the management and use of the wildlife resources within the territory of the Round

Valley Indian Tribes.

1. 8

In order to provide for the conservatio~ protection and proper regulation of the wildlife

resources under the jurisdiction of the Round Valley Indian Tribes, this Code is adopted

pursuant to Article V of the Constitution of the Round Valley Indian Tribes.

ArticJeII.

Declaration of Purpose

2. 1

In recognition of the spiritual , cultwal, recreational, and economic value of the fish and

"'ildlife resources of the Round ValleyIndian Reservation, and the importance of these

irreplaceableresources to tribal economic security, health,·and welfare, the Round Valley

Indian Tribes establish this code as a framework for the regulation and protection of the

wildlife resources within tribal jurisdictJ.on. This Code shall be interpreted and applied

so as to best fulfill this purpose.

2.2

The purpose of this Code is to effect a balance among: (1) the Tribe's obligation to

protect and preserve the wildlife resources of the Reservatjon for future generations; (2)

the Tribe's intent to afford tribal members the greatest possible freedom to use and enjoy

the Reservation's wiJdJife resources ; and (3) the Tribe•s need to generate tribal revenues ,

as well as protect the potential recreationaluse of the wildlife resourcesof the

Reservation.

~Articl.eIll.

3. 1

Definitions

hl construing the provisions of this Code and any regulations adopted pursuantto this

Code , the following terms shall have the designated meaning unless a different meaning

has been provided, or the context ~learlyrequires otherwise:

(a)

"Bag limit" means the maximum limit, in number or amount, of birds, mammals,

fish . or arnphibia which may lawfully be taken by any one person during a

specified period of time .

(b)

"Bird " means any wild bird or any part thereof.

(c)

(d)

"Buy" includes an offer to buy or purchase .

(e)

(f)

(g)

(h)

(i)

(j )

(k)

(1)

(m )

(n)

(o)

"Closed season" means that period of time during which the taking of birds,

mammals , fish, or amphibia is prohibited.

''Commission" means the Round Valley Tribal Wildlife Commission established

in accordance with Article V of this Code .

·

··Dawn" means one half hour before sunrise. .

''Day" means calendar day , and "week" means calendar week.

"Department" means the Natural Resources Department of the Ro\llld Valley

Indian Tribes.

"Dusk " means one half hour after sunset . .

"Fish " means wild fish, mollusks, crustaceans, invertebrates, or amplubians,

including any part, spawn, or ova thereof

''Manager" means the Manager of the Natural Resources Department

"Member" or "Tnbal Member" means a person who is listed on the membership

roll of the Round Valley Indian Tribes .

"Open season" means that period of time during which the taking of birds,

mammals , fish , or amphibia is allowed.

"Permit" means a document that grants the person to whom the docmuent is

issued authority to engage in certain activities governed by tlris Code and its

implementing regulations.

''Person" means any natural person or any partnership, corporation, ' limited

liability company , trust, or other type of association..

(p)

(q)

(r)

"Probable Cause" is a state of facts as would leada person

ofordinary

caution

and prudence to believe and conscientiously ente~

a strong suspicion that a

violation of the Code had occurred, that the areas to be searched contain evidence

of a violation of the Code, that the suspect had violated the Code .

"Possess " or "Possession" means to have or exercise immediate control of a

physical object, including having it on one's person or premises , in one's motor

vehicle, or in a private place of processing or storage.

"Reservation " means all lands within the territorial boundaries of the Round

Valley Indian Reservation as well as all lands held in trust by the Federal

Government for the benefit of the Tribe, all I~

held and managed by the Tribe

(s)

(t)

(u)

(v)

(w)

(x)

(y)

(z)

for the use and benefit of the Tribe and its members, and any other lands over

which the Tribe may exercise jurisdiction by virtue of agreement or otherwise.

"Sell'' includes an offer to sell.

"Take" means hunt, pursue, catch, capture, trap, or kill, or attempt to hunt, pursue,

· catch, capture, trap, or kill.

''Tradition" means a belief or unwritten practiceor customthat is widely

recogniz.edand accepted within the Rmmd Valley tribal community.

"Tribal Couoc .il" means the Tribal Council oftbe Round Valley Jndjan Tribes.

"Tribal Conservation Officer" means a person duly appointed and authorized by

the Tribal Council to monitor compliance with and to enforce tnbal natural

resource protection laws, including this Code. For purposes of this Code, the

term "tribal law enforcement officer" also includes tribal conservation officers.

"Tribal Law Enforcement Officer" means a person duly appointed and authorized

by the Tribal Council to enforce tribal Jaw, including as well as other law

enforcement as deemed necessary by the Tribes.

"Tnbes" means the Round Valley Indian Tribes.

«wildlife" includes any mammal, amphibian, reptile, bird or fish which has not

been domesticated.

Article IV.

Jurisdiction

Scope of Jurisdiction:

4.1

This Code, and any regulations adopted pursuant to this Code, applies to the entire

Reservation as defined in ArticJe Ill and to aJI persons within the territory so defined.

4. 2

This Code is intended to govern the conduct of persons engaged in the act of «taking"'

wildlife, as the term "take" is defined herein, within the boundaries of the Reservation.

4.3

Nothing in this Code or any regulation issued under this Code shall authorize or purport

to authorize the taking of wildlife in violation of the Endangered Species Act, 16 U.S.C.

§1531 et seq., Bald Eagle Protection Act, 16 U.S.C. §668 et seq., Migratory Birds Act, 16

U.S.C. §701 et seq., or other applicable federal law of general application.

lmolied Consent to Jurisdiction:

4.4

Application for issuance of a permit pursuant to the provisions of this Code is deemed

consent by the person applying for the permit to the jurisdiction of the Round Valley

Indian Tribes, mcluding consent to enforcement of any violations ofthis Code and

penn.its issued hereunder in a tribal forum.

4.5

Any person who enters the Reservation for the purpose of engaging .inany of the

activities regulated by this Code shall be deemed to have consented to the jurisdiction of

the Round Valley Indian Tribes for purposes of enforcement of this Code and its

implementing regulations.

4.6

The Tribal Council may enter into such agreements with governments, agencies, or

persons as it deems appropriate to better fulfill the pmpose of this Code. Those

agreements may extend the jurisdiction asserted by the Tribe under this Code.

Article V.

Wildlife Commission

5.1

There is hereby established the Round Valley Tribal Wildlife Commission (hereinafter

"Commission "), which shall consist of seven (7) commissioners.

5.2

Ex.cept as otherwise provided herein. each commissioner shall meet1he following

minimum qualifications:

(a)

Possess a working knowledge of fish and wildlife conservation principles; and

(b)

5.3

Have no conviction of any felony or fish and game violation in the eight years

preceding appointment or election to the Commission and must take th.e

mandatory training within a thirty (30) period

The Commission shall be constituted as follov.-s:

(a)

Seven commissioners shall be appointed from the general membership of the

Tribe by the Tribal Council. With two of these acting as alternates in case of

death or illness of one of the other commissioners.

(b)

5.4

The Manager of the Natural Resources Department shall be required to report to

the Commission at each meeting .

Two of the seven commissioners appointed pursuant to section 5.3(a) shall serve for an

initial term of two years and the remaining n:vo shall serve for an initial term of three

years . Thereafter, the terms of all commissioners shall be for three years, unless a

commissioner resigns , is removed from office or is otherwise unable to discharge the

duties of the office. The Tribal Council shall accept applications from tribal members

for the positions of commissioner .and alternate commissioner, which shall include a

statement of the applicant ' s interest and qualifications for the position.

5.5

After the initial terms of the seven commissioners appointed pursuant to section 5.3(a)

expire, ea.chposition shall be subject to a special election in accordance with the

provisions of the Tribe's Constitution and Election Ordinance.

5.5

In the case of a vacancy occurring during a commissioner ' s term, the Tribal Council shall

appoint a replacement commissioner from the general membership , who shall serve out

the term of the commissioner whose position was vacated ifno alternate is'available.

5.7

The Commission shall appoint from within its members a Chairperson, who shall serve

for the duration of his/her term.

5. 8

Any commissioner may be removed from office for cause by the a:ffinnative vote of any

four Tribal Council members voting at a regular or special meeting of the Tribal Council.

"Cause"' may include, but is not limited to any of the following: failure to faithfully and

competently peiform the duties and responsibilities of office; failure.to attend two

regularly scheduled meetings of the Commission within a six month periQdwith out

justification; failure to attend a scheduled workshop or training session offered pursuant

to Section 5. 9; or violation of the provisions of this Code, including any permit issued

hereun&r . Any cause or statement of cause for terminationshall be providedin a written

forum to the individual v.'ithinseven days of termination.

5.9

The Tribal Council shall have discretion to grant reason able compensation to any

commissioner who is not the :Manager of the Natural Resources Department for actual

services performed in carrying out his or her official duties pursuant to this Code. In

addition to any reasonable compensation granted by the Tribal Council, the

commissioners, including the Manager of the Natural Resources Department, shall

receivetheir actual and necessaryexpenses incurred in the performance of their duties.

5. l 0

Each commissioner shall be required to attend a noticed and scheduled training session

or workshop to be held within 90 days of his/her appoin1ment The training session or

v..'Orkshopshall focus on the provisions of this Code, any regulations adopted hereunder,

and other relevant tribal and federal laws or policies.

Article VI.

Meetings of the Wildlife Commission

6.1

The Commission shall meet at least once every two months as necessary to transact

business, but in any event not Jess than every two months and must have no less than four (4) members present for a quorum to conduct business.

6.2

. Meetings of the Commission shall be open to the public and notice of meetings and the

agenda for each meeting shall be published in the tribaJ newsletter, or other newspaper of

general circulation in the Covelo area, and posted in the Tribal Administration Office at

least two weeks in advance of each meeting.

6.3 Any member of the Tribes or any other person interested in a matter \lnder consideration by

the Commission who wishes to address the Commission may submit a written request to the

secretary of the Natural Resources Department at least seven days in advance of a scheduled

meeting. The Commission shall make every effort to accommodate a request to address the

Commission, even with respect to those who have not made a timely written request, but

sha11give priority to those who have made a timely written request. However, the

commission may, in its discretion, limit the length of such comments or the mnnber of

individuals who may address the Commission at any one meeting.

6.4 At each meeting of the Commission, a representative of the Natural Resources Department

shall provide a ,,v.rittenreport concerning matters relevant to the work of the Commission,

including changes in wildlife populations and conditions, and may make any '

recommendations that the Natural Resources Department believes are appropriate for the

protection an~ prudent m~ent

~f wildlif~ wi~ the Reservation . A copy of the report

shall be proVIdedto the Tnbal Counctlat the tune 1t1spresented to the Commission.

Article VIL Regulatory Authority of the Commission

7.1 The Commission shall have the authority to implement this Code through the adoption of

appropriate regulations.

··

7.2 The Commission may adopt regulations governing the taking or possession of wildlife within

the Reservation and may apply such regulations at its discretion to all or specific areas of the

Reservation and to any or all species or subspecies of wildlife found within the Reservation.

Such regulations may :

(a)

establish, extend, shorten,or otherwisemodify open seasons and closed seasons;

(b)

establis~ change, or otherwisemodify bag limits and possession limits;

(c)

establish and change areas or territorial limits for the taking of individual species

of wildlife;

7.3

(d)

prescribe the manner and means of taking;

(e)

establish procedures and fee schedules for issuance of wildlife:tags, licenses, and

permits; and

(e)

establish,change or abolish restrictionsbased upon sex, maturity. or other

physical distinctions.

. When adopting, amending, or rescindingregulations pursuant to article 7.2 the

Commission shall follow the following procedures:

(a)

Notice: Post notice of a public hearing on the proposed action at least tvro (2)

weeks prior to the hearing. Notice shall be posted at the offices of the Tnbal

Administration and the Natural Resources Deoartm.ent and shall state the date.

time, and place of the hearing and include a brief description oft.lie proposed ,

action and the final date on \vhich comments will be accepted;

(b)

Hearing: Designate a hearing officer to conduct a public hearing on the proposed

action at the designated date, time, and place. The hearing officer shall describe

the hearing procedures, including the final date for written comments, and briefly

summarizethe subject matter of the hearing. Both written and oral testimony

may be accepted.

(c)

Consideration of Comments: Comments received during a hearing and any

written comments received beforethe deadline set for their receipt shall be

compiled by the hearing officer into one packet for Com.mission review . The

proposed action will be placed on the agenda of the next Commission meeting for

consideration.

(d)

Final Action: The Commission shall consider the comments received on the

proposedaction, includingany comments and recommendationspresented by the

Natural Resources Department, and shall take action on the proposal by majority

vote, provided that a quorum of at least four (4) CommissiQners are in attendance

at the time votes are cast If the proposal is approved, the Chairperson shall be

responsible for seeing that the final action (new regulation , or 8.Jilendment or .

rescission of an existing regulation) is communicated to the appropriate tribal

departments for purposes of implementation and enforcement.

7.4

Regulations adopted by the Commission, other than emergency regulations , shall be

communicated to the public by means of publication in the tribal newsletter, or other

newspaper of general circulation in the Covelo area, and posting in the offices of the

Tribal Administration, and the Natural Resources Department a long ,1vi.th

all other

Tribally owned and operated buildings at least ten (10) days prior to their effective date.

7.5

When conditions exist which., in the opinion of the commission, pose an immediate

threat to the welfare of animals or a species of animal, the Commission may adopt

emergency regulations to address those conditions . Such emergency regulations may

become effective immediately or on the particular date prescribed by the Commission.

The Commission shall make every effort to communicate the content of emergency

regulations to the public and to the holders of any permit or license issued hereunder in a

timely fashion.

7.6

The Commission shall by regulation prescribe a form of permit to be issued to each

person authorized to take or attempt to take animals within the Reservation pursuant to

this Code.

7.7

The Commission may prescribe different categories of permits and establish different

qualifications and requirements for each category.

7.8

The Tribal Council shall have the final and ultimate responsibility for the

implementation and enforcement of this Code, and may review , amend, or rescind any

regulation promulgated by the Commission when the Tribal Council determines , after a

specially sc-heduled meeting with the Commission.,that the regulation is in.consistentwith

or fails to promote the purposes of this Code. Any such. amendment or rescission of a

regulation shall be by formal resolution of the Tribal Council.

7.9

A violation of any regulation duly adopted, or permit issued, pursuant to the provisions of

this Code shall constitute a violation of this Code .

Article VIlI. Licenses,Permits, and IdentificationCards

8.1

Any person engaging in activities governed or permitted by this ordinance shall have on

his/her person a license, pennit, identification card, or such other document(s) as may be

required by regulation adopted hereunder.

' ·

8.2

Any license, permit, identification card. or other document required by regulation shall

containat leastthe follm.ving:

(a)

the name and address, photograph and physical description of the.

person;

(b)

tribal affiliation and roll number ; and

(c)

any other infonnation that the Commission deems appropriate.

Article IX.

General Prohibitions

9 .1

No person may take or possess any wildlife taken on the Reseivation except

in accordance with the provisions of this Code and any regulations adopted

or permit issued pursuant to this Code. A violation of a regulation or permit

adopted or issued pursuant to this Code constitutes a violation of the Code.

9 .2

It is an offense punishable in accordance with Article XVI for any person to

take or possess any ·wildlife taken ·on the Reservation in violation of any

provision of this Code or any regulation adopted pursuant to this Code.

Article X.

Permits

10.1

The issuance of pe.nruts prescnbed by the Commission shall be the

responsibility of the Natural Resources Department.

10.2

Any person wishing to take or attempt to take any wildlife within the

Reservation shall obtain a permit in accordance with the regulations adopted

by the Commission and shall carry that pennit whenever that person is

engaged in such activities.

I 0.3 · Persons eligible for a permit shall include:

(a)

Enrolled members of the Round Valley Indian Tribes.

10.4

Persons twelve (12) years of age or under or individuaJs who have not been

previously certified sha11 also be required to demonstrate a basic

understanding of hunter safety principles as a condition to issuance of any

permit hereunder. The process for certifying that a permit applicant bas met

this requirement shall be set forth in a separate regulation adopted pursuant

to this Code.

10.5

A special permit means any permit issued outside the normal scope of

permits issued under th.is Code, including but not limited to ceremonial

permits and pennits issued to persons who will bunt or fish for another

person who qualifies to hwit and fish under this Code, but is unable to do so

because of physical limitations or other c~msiderations. Special pennits may

also be issued to the biological childr~n of an enroIIed member nsmgthe

enro11ed members tribal roll nwnber, with permission of the enrolled

member.

Article XL

11.1

Sale of Wildlife Prohibited

No wildlife taken within the Reservation shall be sold or offered for sale

either on or off the Reservation; provided that the sale, exchange, barter, or

gifting of wildJife, or any parts thereof, among tribal members is allowed

Article XII.

Reporting

12.l

Any person who takes any wildlife within the Reservation shall report sucl1

take to the Natural Resources Department. This report shall include the

person's name and tribal permit number, and the number, species, size, and

sex of wildlife taken.

Article XIll. Ceremonial Huntingand Fishing

13. 1

Notwithstanding any other provision of this Code or regulation adopted

hereunder, the Commission shall have the authority to authorize hlllltingand

fishing by tribal members for ceremonial purposes, subject to the res1riction

that it shall not be authorized if it would jeopardize or present a seriollSthreat

to the wildlife resources of the Reservation.

l3.2

13.3

Ceremonial hunting or fishing shall be authorized by special perm.it The

issued permit shall specify:

(a)

the person or persons authorized to conduct the ceremonial hunt or

fi~

.

(b)

the number and species or subspecies of wildlife permitted to be

taken;

(c)

the date, place and method of the ceremonial hunt or fish;

(d)

that a report of the number, species~size and sex of the wildlifelaken

shall be made by one of the ceremonial hunters or fishers to the

Natural Resources Department.

No one shall sell or offer to seJJ

pennit

any

wildlife taken pursuant to a ceremonial

Article XIV. Prohibited Acts

14.l

Destruction of Private Property. It is unlawful for any person to destroy,

damage or deface tables. improvements. crops or personal or realpropertyon

the Reservation of which they are not the owner, possessor or person with

prior approval.

14.2

·

Destruction of Signs, Fences, or Barriers. It is unlawful for any person to

cu~ damage, or destroy any fence, barrier or sign on tbeReseivation of1.vhich

they are not the owner, possessor, or person with prior approval. It is

unlawful to destroy, shoot at, erase, or otherwise damage any signs placed or

posted by or at the direction of the Natural Resources Department or the

Commission.

14.3

Discharge of Firearms in Restricted Areas. It is unlawful to· take or

attempt to take or shoot a firearm within 150 yards of any occupied building,

dwelling, or campsite.

·

·

14.4

Discharge of Firearm Across Roadway. It is unlawful to shoot or attempt

to shoot across any State or County roadway.

14.5

False Statements. It is unlawful to make a false statement in an application

for a permit under this Code or a regulation promulgated hereunder.

14.6

Injury to Wildlife; Best Efforts. Any person who injures wildlife in an

attempt to take shall make best efforts to locate and kill the animal. If a

person is unable to locate and kill the injured animal , the person shall report

the location and circumstances of the injury to the Natural Resources

Department

14.7

Interference with Law Enforcement/Conservation Officer. It is unlawful

to interfere with or obstruct anv Tnbal Conservation or Law Enforcement

Officer in the discharge of his/her duties while enforcing or monitoring the

provisions of this Code or any regulation promulgated here1D1der.

14.8

Littering.

It is unlawful for any person .to litter roads, roadsides ,

campgrounds , waters, streams, or any other tribal ]ands on the Reservation.

14.9 • Negligent Use of Firearm. It is unlawful for any person to use a firearm

with a negligent disregard for the safety of others.

14.10 Possession of Means of Take Within Game Refuge. It is unlawful for any

person to carry, transport. or possess devices for the taking of fish or wildlife

within or U!)OD a game .refuge: except as permitted by this Code or tribal

regulations.

14.11 Possession of Silencing Devices. It is unlawful for any person to possess

while on the Reservation any contrivance or device designedor intended to

silence , muffle, or minimize the report of a firearm.

14. 12 Possession of Wildlife Taken in Violation of Code. It is unlawful to

possess any wildlife, or parts thereof, taken in violation of this Code or its

implementing regulations.

14. 13 Refusal to Sign Citation. It is unlawful to refuse to sign a citation issuedby

a Tribal Law Enforcement Officer and such refusal shall coostirute cause fur

arrest

14.14 Spotlighting While in Possessionof Firearm or Other Means of Take. It

is unlawful for any person, or one or more persons, to throw or cast the rays

of any spotlight , headlight, or other artificial light on any highway or in any

field, woodland, or forest of the Reservation where game mammals. furbearing mammals, or non-game mammals are commonly found, or 1,1p0nany

game mammal, fur-bearing mammal, or non-game mammal, while having in

his possession or under his control any firearm or weapon with which such

mammal could be killed, even though the mammal is not killed, injured.shot

at, or othenvi.sepursued, except (a) use of a hand-held flashlight no larger

than two-cell, three-volt provided such light is not affixed in any way to a

weapon; (b) the use of lamps or lanterns which do not cast a directional

beam; or (c) headlights of a vehicle operated in a usual manner and there is

no intent to locate wildlife

14.15 Take During Closed Season. It is unlawful to take or attempt to take any

wildlife during a closed season or in a closed area

14.16 Take in Violation of Hunter Safety Re.quirements. It is unlawfulto take or

attempt to take wildlife without first complying with the Hunter Safety

requirements of this Code or its implementingregulations.

14.17 Take With Artificial Light Between Dusk or Dawn. It is unlawful to take

or attempt to take wildJife between one-half hour after sunset and one-half

hour before sunrise with the aid of an artificial light of any kind.

14.18 Take With Assistance of Dogs. It is unlawful to take or attempt to take

wildlife with the assistance of more than one dog per hunter, except when

taking or attempting to take bear or wild pig, in which case more than one

dog may be used.

14.19 Take While Intoxicated. It is unlawful to take or attempt to take any

wildlife while intoxicated

orunder the influence of a controlled substanc~ .

14.20 Take Without Valid Permit. It is unlawful to take or attempt to take any

wi]dlife within the Reseivation without a permit issued pursuant to this Code

or its implementing regulations.

14.21 Transport of Wildlife Taken in Violation of Code. It is unlawful to

transport any wildlife, or parts thereof: taken in violation of this Code or its

implementing regulations.

·

14.22 Unauthorized Entry to Closed Area. It is unlawful for any person to enter

any area closed to hunting and/or fishing on the Reservationto hwi~ drive,or

attempt to hunt or drive, wildlife from such areas, except by pennitissuedby

the Natural Resources Department. ·

14.23 Unauthorized Entry to Lands. It is unlawful to enter any lands-under

cultivation or enclosed by a fence, or enter any uncultivated or unenclosed

lands where signs forbidding trespass are display~ at intervals not less than

three (3) to the mile along all exterior boundaries and at all roads and trails

entering such lands without first obtaining and having in possession,written

permission from the owner or a permit issued by the Department or the

Wildlife Commission.

of

14.24 Use Explosives,Poison,Etc. Other than a legal firearm, it is unlawful to

use any explosive compound or synthetic corrosive, narcotic, poison,or other

deleterious substance for the purpose of taking, stwming, or attempting to

take any wildlife within the Reservation.

14.25 Waste of Wildlife. It is unlawful to engage in the wanton destruction or

waste of wildlife taken within the Reservation.

14.26 Water Pollution.It is unlawful for any person to pollute any Reservation

waters or stream beds. It is unlawful to deposit in, permit to pass into, or

place where it may pass into, the waters of this Reservation any substanceor

material deleterious to fish, plant life, wildlife, or which may damageor alter

the aquatic system.

Article XV.

Implementation and Enforcement

15. l

Any person who violates any provision of this Code, or a regulationadopted

or permit issued pursuant to this Code, shall be guilty of an offense and shall,

upon conviction, be ordered to paya fine for each offensein acwrdancewith

the schedule of penalties established by regulation , in addition to any court

costs; and any fi.reanns, hwrting or fishing gear found in his/her possession

and used in violation of this Code or any regulations adopted hereunder may

be confiscated and forfeited to the Tribe.

15.2

Any wildlife taken, and any hunting or fishing gear , vehicles, machinery ,

dogs, or craft used or intended to be used in violation of this Code, or a

regulation adopted or perm.itissued pursuant to this Code, may be seized,

confiscated and impounded by a Tribal Law Enforcement Officer.

·

15.3

In addition to any other penalty imposed, any person who violates this Code,

or a regulationadoptedor pennit issuedpursuantto this Code,may have

his/her hunting or fishing rights or privileges suspended or revoked by the

Commission.

·

15.4

Any Tribal Conservationor Law EnforcementOfficer is authorizedto.inspect

all wildlife taken or transportedwithin the boundaries of theReservationand

may, for the purposes of monitoring or enforcing any provision of the Code,

or a regulation adopted or permit issued pursuant t~ this Code, search any

vehicle, boat, box, hunting camp, game bag or other package , based on

probable cause that the areas to be searched contain evidence that wildlife

has been taken or possessed in violation of this Code.

Article XVI. Authorized Fishing

16.1

Notwithstanding any other provision of this Code or regulation adopted

hereunder, tribal members may fish withln the Reservation and in its

boundary streams for personal consumption, and for subsistence of their

immediate families, provided that they are in possession of the required

permit and otherwise comply with the provisions of this Code, and any

regulation adopted and permit issued pursuant to this Code.

16.2

In addition to any applicable provisions of this Code, and any regulation

adopted or permit issued pursuant to this Code, tribal member fishing in the

Reservation boundary streams using fish dams or barriers must comply with

the following requirements:

· (a)

The streams to be fished are those that comprised the historic 1873

Round Valley Indian Reservation boundaries where access is from

adjacent tribal trust lands or by permission of the individual

landowners. For purposes of this Code, a dam shall consist of a

removable barrier but shall not include any entangling or trapping

device such as a fyke net or Gi~l nets.

(b)

Dams may be used acrossthe width of the watercourse,provided that

dams must be lifted out of the water, or opened where the fisher is

not present during the fishing operation

(c)

Regardless of the presence of the fisher, dams shall be opened at least

four hours out of each 24 hours ; specifically, dams shall be opened

between the hours of 12 o'clock noon to 4 p.m.

(d)

There shall be no fishing by dam or nets on the middle-fork of the Eel

River , however the use of hook and line and spear fishing is allowed.

(e)

Tribal law enforcement officers shall conduct inspections of fish

dams and barriers. Should an officer determine that a dam or barrier

violates any of the above restrictions, the following measures shall be

taken. On the first violation, the dam shall be opened and a warning

issued to the fisher, if present. On tl1e second violation, a citation

shall be issued to the fisher. if present, and the dam shall be seized

and transported to the Natural ResourcesDepartmentwhere it shall

be placed in the custodyof the Tribe for furtherdispositionpursuant

to this Code.

16.3 All other fishing within the Reservation shall be in accordance with the

general provisionsof this Code and any regulationsadoptedor permitsissued

pursuant to this Code.

ROUND

VALLEY INDIAN

TRIBES

A Sovereign Nation of Confederated Tribes

TRIBAL COUNCIL OFFICE

POST OFFICE BOX 448

COVELO, CALIFORNIA

96428

PHONE: 707 -983-6126

.

FAX: 707 -983-6128

ROUND

LOCATION : ON STATE HWY 162

ONE MILE NORTH OF COVELO

IN ROUND VALLEY

TRIBAL TERRITORY SINCE TIME BEGAN

VALLEY RESERVATION

ESTABLISHED

1866

CERTIFICATION

I, the undersigned as Executive Secretary of the Round Valley Tribal Council do

hereby certify that the Wildlife Code of the Round Valley Indian Tribes was

adopted at a duly called and duly noticed regular meeting of the Round Valley

Tribal Council at which seven (7) members were present, constituting a quorum

held on the 15th day of May 2004, and that the Round Valley Tribal Council

approved the "Wildlife Code" by a vote of:

For

Against

Abstentions

ATTESTED:

Executive Seer

Valley Tribal Council

Five (5)

One (1)

One (1)