SKOKOMISH ON-RESERVATION AND TREATY FISHING ORDINANCE

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TABLE OF CONTENTS

GENERAL PROVISIONS

7.02.001

Title

7.02.002

Authority and Declaration of Policy

7.02.003

Definitions

7.02.004

Jurisdiction

7.02.005

Liberal Construction

7.02.006

Informal Cross References

7.02.007

Severability

FISHERIES ADMINISTRATION

7.02.020

General Closure

7.02.021

Treaty Fishing Outside Usual and Accustomed Grounds

Prohibited

7.02.022

[Reserved]

7.02.023

Fisheries Manager

7.02.024

Fish Committee Membership and Responsibility

7.02.025

Adoption of Annual Regulations; Emergency Regulations

7.02.026

Delegation to Treaty Council of In-Common Fishery

Management

7.02.027

Fishing Areas/Catch Reporting Districts

7.02.028

Special Provisions for On-Reservation Fisheries

7.02.029

Test Fishery

ELIGIBLE FISHERMEN

7.02.040

Enrolled Members

7.02.041

Non-member Indian Spouses

7.02.042

Minors

7.02.043

Non-Members Fishing Non-Commercially On-Reservation

7.02.044

Biological Personnel

7.02.045

Fishing Vessel Assistance

REQUIRED IDENTIFICATION AND PERMITS

7.02.050

General Requirements

7.02.051

Tribal Fishing Identification Card

7.02.052

Subsistence and Recreational Fishing

7.02.053

Commercial Fishing and Shellfish Harvesting

7.02.054

Ceremonial Fishing

7.02.055

Damaged or Lost Fishing Permits and Tribal Identification

Cards

7.02.056

Fisheries Personnel

FISHING VESSEL OWNERSHIP AND REGISTRATION

7.02.070

Fishing Vessel Ownership

S.T.C. 7.02

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7.02.071

7.02.072

7.02.073

Fishing Vessel Registration

Use of Tribally Registered Boat by Unauthorized Person

Use of Purse Seiner Prohibited

SPECIFIC GEAR PROVISIONS

7.02.080

Marine Drift Nets

7.02.081

Marine Set Nets

7.02.082

Beach Seines

7.02.083

River Gillnets

7.02.084

Hook and Line - Subsistence and Recreational Fishing

7.02.085

Shellfish - Hand-Held Gear Only

7.02.086

Shellfish Pots

7.02.087

Prohibited Gear and Removal of Gear

7.02.088

Fishery Activities Requiring Artificial Breathing Apparatus

CATCH REPORTING AND THE SALE OF FISH

7.02.100

Sale of Fish and Shellfish

7.02.101

Completion of Fish Tickets

7.02.102

Tax on Fish Sold Commercially

7.02.103

Buyer Licensing and Regulating On Reservation Fish Buyer

ENFORCEMENT

7.02.110

7.02.111

7.02.112

7.02.113

Fisheries Enforcement Officers

Complaint or Citation to Tribal Court

Arrest

Search and Seizure

OFFENSES

7.02.120

7.02.121

7.02.122

7.02.123

7.02.124

7.02.125

7.02.126

7.02.127

7.02.128

7.02.129

General Fishing Violations

Fisheries Enforcement - Related Violations

Identification, Permit and Vessel Registration Violations

Fishing Vessel and Gear Ownership Violations

Fishing Assistant Violations

Minors - Violations

Fish Ticket, Catch Reporting and Sale of Fish Violations

Net Violations

Shellfish Violations

Diving Violations

SENTENCING GUIDELINES

7.02.140

Classification of Offenses for Sentencing and Bail

7.02.141

Sentencing Guidelines

7.02.142

Penalties - First Violation, Community Service

7.02.143

Penalties - Second and Subsequent Violations

7.02.144

Bail

ADMINISTRATIVE APPEALS PROCEDURE

7.02.150

Appeal from Decision of Fisheries Manager and Fish

S.T.C. 7.02

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7.02.151

Committee

Appeal from Final Determination of Fish Committee to Tribal

Council

GENERAL PROVISIONS

7.02.001

Title

This Ordinance shall be known as the Skokomish On-Reservation and Treaty Fishing

Ordinance.

Reaffirmed by Resolution No. 17-100 (July 5, 2017)

7.02.002

Authority and Declaration of Policy

Fishing is central to the cultural and economic existence of the Skokomish Indian Tribe

and its members. This On-Reservation and Treaty Fishing Ordinance is enacted

pursuant to the inherent sovereign authority of the Skokomish Indian Tribe and

applicable federal law. By this Ordinance and the regulations adopted under it, the

Skokomish Indian Tribe intends to exercise control over fishing, shellfishing and related

activities to the fullest extent of tribal jurisdiction in order to properly regulate, manage

and protect all of the fisheries resources available to the Tribe and to insure their

continued availability to the Tribe and its members. Nothing in this Ordinance shall be

construed as a relinquishment, abrogation or abridgment of any treaty right of the

Skokomish Indian Tribe.

Reaffirmed by Resolution No. 17-100 (July 5, 2017)

7.02.003

Definitions

(a) Where a term is not defined in this Ordinance, it shall be given its ordinary

meaning. Words and phrases used in the past, present or future tense shall

include the past, present and future tenses; words and phrases used in the

masculine, feminine or neuter gender shall include the masculine, feminine

and neuter genders; and words and phrases used in singular or plural shall

include the singular and plural, unless the context indicates otherwise.

(b) Terms used in this Ordinance, and regulations adopted under it, shall have

the following meaning given to them in this section, except where otherwise

specifically defined and unless the context clearly indicates otherwise:

(1) "Accompany" or "Accompanied" means in the immediate physical

presence of another person.

(2) "Assist" or "participate" in a tribal fishery or any treaty fishing activity is

defined to include:

(A) Any handling of the fishing or shellfishing gear, nets, ropes

and lines being used by the member;

S.T.C. 7.02

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(B) Carrying of the fish, shellfish or marine resources caught by

the member; or

(i) Cause or result in fish, shellfish or marine resources

being caught by the member; or

(ii) Affect the sale of fish or shell fish, including

transporting to the place of initial sale.

(3) "Beach Identification Number" or "BIN" means the six-digit number or

other number agreed to by the State of Washington and the Tribe to

identify a beach managed for shellfish harvest by the Skokomish

Indian Tribe.

(4) "Beach Seine" means a type of net used to capture fish in near-shore

areas by encircling them using a process commonly known as seining.

(5) "Biological Personnel" or "Biologist" means trained biologists and

technicians who are employed by the Tribe and/or the Point No Point

Treaty Council and/or the Northwest Indian Fisheries Commission and

whose duties include advising on the management and/or

enhancement of tribal fisheries.

(6) "Buyer" means a person who purchases fish, shellfish or marine

resources from the fishermen who caught the fish, shellfish or marine

resources or who, for commercial purposes, smokes or otherwise

processes and sells fish, shellfish or marine resources he has caught

himself.

(7) "Ceremonial Fishing" means the taking of fish, shellfish, or other

fishery resources for use in tribal ceremonies, and is exclusive of

fishing for subsistence and commercial fishing.

(8) "Crab Pot" is an enclosed trap with at least two escape rings or ports

located in the upper half of the trap.

(9) "Commercial Fishing" means fishing, shellfishing, or the taking of any

other fishery resource with the intent to sell or profit economically.

Commercial fishing does not include:

(A) Barter among Skokomish tribal members;

(B) Subsistence or ceremonial fishing;

conducted in compliance with this Ordinance and regulations

S.T.C. 7.02

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adopted under it.

(10) "Depth of Net" means the total distance between cork and lead line

measured in meshes perpendicular to either cork or lead line.

(11) "Drift Net" or "pole net" gear means a gillnet which is not staked,

anchored or weighted but drifts free.

(12) "Enrolled Member," "Member" or "Enrolled Person" means any

person who is an enrolled member of the Skokomish Indian Tribe.

(13) "Exercise Treaty Fishing Rights" and "Exercise Tribal Fishing Rights"

include, but are not limited to:

(A) Harvesting, transporting, processing, offering for sale or

barter, any fish, shellfish or marine resources purportedly

pursuant to treaty fish and shellfish rights; and/or

(B) Traveling to and from such activities, purportedly pursuant to

treaty fish and shellfish rights.

(14) "Fish" means any edible fishery resource including, but not limited to,

salmon, steelhead, other anadromous fish, bottomfish, shellfish, etc.,

and any part thereof.

(15) "Fish Committee" means the Skokomish Tribal Fish Committee

established pursuant to this Ordinance.

(16) "Fisheries Enforcement Officer" means a person delegated the

responsibility of enforcing this Ordinance and the regulations

promulgated under it.

(17) "Fishing" means:

(A) Attempting to catch, trap, net or otherwise take any fish from

its natural habitat by any means whatsoever; and/or

(B) Possessing any fish on a fish site after having caught the fish

by any means previously described in this definition.

(18) "Fishing Vessel" or "Vessel" means any boat used to deploy, retrieve

or transfer fishing or shellfishing gear or marine products.

(19) "Fishing Gear" or "Gear" means all types and sizes of hooks, nets,

spears, gaffs, lines, traps, rakes, shovels and appliances and other

apparatus used to catch, trap, net or otherwise take fish, shellfish or

marine resources.

(20) "Fish Ticket" means the form provided by the State of Washington to

S.T.C. 7.02

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licensed fish buyers for recording the sale of all commercial fisheries

products.

(21) "Gaff and Snag Line" means hand-operated gear used to impale fish

by pursuing and striking the individual fish with the gear.

(22) "Gillnet" means a net of web construction bound at the top by a float

line and at the bottom by a weight line.

(23) "Hand Dip Net" means a section of netting distended by a rigid frame,

operated by a process commonly recognized as dipping.

(24) "Head of Household" means any member of the Tribe who is

exclusively or substantially responsible for providing his or her own

care and maintenance or the care and maintenance of his or her

family.

(25) "Hook-and-Line" or "hand-line" means a single line, attached to which

are no more than two single-point hooks or one treble-point hook.

(26) "Management Period" means the time interval during which the

majority of a fish or shellfish species are accessible to capture. A

management period is specific to a species and location.

(27) "Marine Resource" means all marine vegetation and marine life, other

than fin fish and shellfish, which inhabit the intertidal and sub-tidal

zones of the marine environment and may be utilized by humans for

personal, spiritual or commercial purposes.

(28) "Minor" means a person under the age of eighteen (18) years.

(29) "Non-Member" means any person who is not an enrolled member of

the Skokomish Indian Tribe.

(30) The term "Person" may be construed to include the United States,

any state or territory, any Indian tribe, or any public or private

corporation or entity, as well as an individual, but shall not include the

Skokomish Indian Tribe as a sovereign entity.

(31) "Point No Point Treaty Council" or "Treaty Council" means the

confederacy of Indian Tribes in the Point No Point Treaty area

established for the purpose of unifying management of the tribal

fisheries resource in the Point No Point Treaty area.

(32) "Polluted Beach" or "Polluted Area" means any area closed to

shellfish harvest by the Skokomish Indian Tribe because pollution has

caused shellfish in the area to become a hazard to human health.

(33) "Purse Seiner" means a fishing vessel which carries machinery for

S.T.C. 7.02

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the power retrieval of seine nets.

(34) "Reservation" means the Skokomish Indian Reservation established

pursuant to the Treaty of Point No Point of January 26, 1855, 12 Stat.

933, and the Executive Order of February 25, 1874.

(35) "Ring Net" means a type of dip net which may be lowered from a

vessel by a rope.

(36) "Skokomish Indian Tribe" or "Tribe" means the present-day sovereign

tribal entity which is the political successor in interest to certain tribes,

bands or groups of Indians who were parties to the Treaty of Point No

Point.

(37) "Set Net" means a gillnet which is anchored, tied, stationed, laid in

part on shore or whose lead line is so heavily weighted that it cannot

drift.

(38) "Shellfish" means al marine invertebrates or any parts thereof,

including, but not limited to, littleneck, manila, horse, butter and

geoduck clams; cockles; scallops; squid; octopus; mussels; sea

cucumbers; sea urchins; oysters; shrimp; and crab.

(39) "Shellfishing" means:

(A) Attempting to catch, trap, net or otherwise take any shellfish

from its natural habitat by any means whatsoever; and/or

(B) Possessing any shellfish on a shellfish site after having caught

the shellfish by any means previously described in this

definition.

(40) "Shrimp Pot" means an enclosed trap made of netting stretched over

a rigid frame that incorporates entry tunnels.

(41) "Stretched Measure" means the distance between the inside of one

knot to the outside of the opposite knot on one mesh of netting

material. This measurement shall be taken when the mesh is

stretched vertically while wet, by using a tension of ten (10) pounds on

any three (3) consecutive meshes, then measuring the middle mesh of

the three (3) while under tension.

(42) "Subsistence Fishing" means the taking of fish, shellfish, or other

fishery resources for personal consumption by tribal members and

their families. Subsistence fish is exclusive of fishing for commercial

or ceremonial uses.

(43) "Test Fishery" means a fishery allowed on a limited basis for the

purpose of acquiring technical or management information including

S.T.C. 7.02

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stock strength, timing, species or stock composition, gear selectivity,

exploitation rate, and enhancement possibilities.

(44) "Tribal Council" means the duly constituted governing body of the

Skokomish Indian Tribe delegated authority by the Skokomish General

Council to conduct and regulate the business of and act on behalf of

the Skokomish Indian Tribe.

(45) "Tribal Court" means the Skokomish Tribal Court or any court

established by the Tribe or Point No Point Treaty Council to adjudicate

violations of this Ordinance and regulations promulgated under it.

(46) "Tribal Fisherman" means any person, whether or not a member of

the Tribe, who is exercising any tribal fishing or shellfishing rights or

who is assisting in the exercise of such rights pursuant to tribal

authorization.

(47) "Troll Gear" means a series of fishing lines attached to a fishing

vessel which are retrievable either manually or hydraulically.

(48) "U.S. v. Washington" means the decision of the U.S. District Court

United States v. State of Washington, 384 F. Supp. 312 (W.D. Wash.

1974), aff'd 520 F.2d 676 (9th Cir. 1975) cert. denied 423 U.S. 108

and all applicable post-trial orders and proceedings.

(49) "Usual and Accustomed Fishing Grounds" or "U&A" means all waters

of Hood Canal south of a line connecting Olele Point and Foulweather

Bluff, and all freshwater streams draining into Hood Canal and all

water bodies in the Hood Canal Watershed drainage; also means all

waters lying within Skokomish (or Twana) Territory.

Reaffirmed by Resolution No. 17-100 (July 5, 2017)

7.02.004

Jurisdiction

(a) Territory: The provisions of this Ordinance and all rules and regulations

adopted under it shall apply to the fullest extent of the sovereign jurisdiction of

the Skokomish Indian Tribe authorized by the Constitution of the Skokomish

Indian Tribe, the Treaty of Point No Point and applicable federal law. The

provisions of this Ordinance shall apply to and be in conformity with all

agreements and other cooperative arrangements entered into by the

Skokomish Indian Tribe designed to provide tribal access to available

fisheries and to provide effective fisheries management in the Point No Point

Treaty area.

(b) Persons: The provisions of this Ordinance and all rules and regulations

adopted under it shall apply to all persons who are eligible to fish under this

Ordinance, all persons who claim to be exercising fishing rights secured to the

Skokomish Indian Tribe by the Treaty of Point No Point or other applicable

S.T.C. 7.02

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treaties or agreements, and to all persons fishing within the exterior

boundaries of the Skokomish Reservation.

Reaffirmed by Resolution No. 17-100 (July 5, 2017)

7.02.005

Liberal Construction

This Ordinance shall be liberally construed to give full effect to the objectives and

purposes for which it was enacted.

Reaffirmed by Resolution No. 17-100 (July 5, 2017)

7.02.006

Informal Cross References

Cross reference notations found within the body of the Ordinance are designed to assist

people using the Ordinance and are informational only. Cross referencing a provision to

an offense section or the failure to do so does not carry any legal effect.

Reaffirmed by Resolution No. 17-100 (July 5, 2017)

7.02.007

Severability

If any provision of this Ordinance, or its application to any person, legal entity or

circumstance, is held invalid, the remainder of the Ordinance, or the application of the

provision to other persons or legal entities or circumstances, shall not be affected.

Reaffirmed by Resolution No. 17-100 (July 5, 2017)

FISHERIES ADMINISTRATION

7.02.020

General Closure

The waters and beaches of the Skokomish Reservation and all waters and beaches offReservation fished by the Skokomish Indian Tribe are closed to the taking of fish,

shellfish and other marine resources unless specifically opened by this Ordinance or by

regulations adopted under it.

[Cross reference: Section 7.02.120(b) - Fishing in a Closed Area is a Class A offense]

Reaffirmed by Resolution No. 17-100 (July 5, 2017)

7.02.021

Treaty Fishing Outside Usual and Accustomed Grounds Prohibited

No tribal member shall attempt to exercise the treaty fishing rights of the Skokomish

Indian Tribe in any area which is outside the usual and accustomed fishing grounds of

the Skokomish Indian Tribe except where formally invited.

[Cross reference: Section 7.02.120(a) - Fishing Outside the Usual and Accustomed

Fishing Grounds is a Class A offense]

S.T.C. 7.02

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Reaffirmed by Resolution No. 17-100 (July 5, 2017)

7.02.022

[Reserved]

7.02.023

Fisheries Manager

(a) The Skokomish Fisheries Manager shall be an employee of the Skokomish

Department of Natural Resources.

(b) The Fisheries Manager shall have the following duties and responsibilities:

(1) Managing the Skokomish Tribal Fishery and coordinating the

management of the Tribal Fishery with the Point No Point Treaty

Council staff;

(2) Promulgating fishing regulations for review by the Skokomish Fish

Committee and approval by the Tribal Council; and

(3) Directing the fisheries enhancement effort of the Skokomish Indian

Tribe.

to him by this Ordinance or by the Tribal Council.

Reaffirmed by Resolution No. 17-100 (July 5, 2017)

7.02.024

Fish Committee Membership and Responsibility

(a) Role of Fish Committee. The Fish Committee shall act in a regulatory and

advisory capacity to the Fisheries Manager, the Tribal Council, and the Treaty

Council, and shall carry out any other fisheries related duties assigned to it by

the Tribal Council or this Ordinance. Issues which may be addressed by the

Fish Committee include:

(1) Recommending the times when and places where the taking of fish,

shellfish and other marine resources is lawful, with preference to

ceremonial and subsistence fishing;

(2) Recommending and defining the types, sizes and other characteristics

of fishing gear not already defined in this Ordinance;

(3) Recommending the time, place and manner in which it will be lawful to

use any fishing gear;

(4) Recommending additional requirements and conditions of the

issuance and use of tribal fishing permits; and

(5) Regulating all other aspects of the Tribal fishery which the Tribal

Council refers to the Fish Committee.

S.T.C. 7.02

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Reaffirmed by Resolution No. 17-100 (July 5, 2017)

7.02.025

Adoption of Annual Regulations; Emergency Regulations

(a) Proposed Annual Regulations. The Fisheries Manager shall prepare or direct

the preparation of proposed annual regulations for each species of fish,

shellfish and other marine resources to be managed by the Tribe for its

fishermen. These proposed regulations shall cover all aspects of tribal fishing

consistent with this Ordinance and the requirements of U.S. v. Washington.

In preparing the proposed regulations, the Fisheries Manager shall:

(1) Consider all recommendations made to him by the Tribal Council, the

Fish Committee, tribal and Treaty Council biologists and other

interested parties;

(2) Submit the proposed annual regulations to the Fish Committee for

review and recommendation to the Tribal Council; and

(3) Submit the proposed annual regulations to the Tribal Council with a

written resolution approving and authorizing the adoption of the annual

regulations to be effective on dates specified therein.

(b) Emergency Regulations. The Fisheries Manager shall have the power to

make emergency changes in the annual regulations to insure proper

management and conservation of the fisheries resource. The power to make

emergency changes in annual regulations includes the power to close a tribal

fishery when in his judgment the closure is necessary to meet conservation or

allocation needs.

(1) Good Faith Requirement. Emergency action pursuant to this section

shall not occur until the Fisheries Manager has made a good faith

effort to consult with the Fish Committee and a tribal biologist or a

Treaty Council biologist about the action.

(2) Effective Date. Emergency regulations issued by the Fisheries

Manager shall be effective and enforceable when they are issued or

according to their terms and shall remain effective until specifically

modified or rescinded by the Fisheries Manager or the Tribal Council.

No penalty shall be imposed for violations of an emergency regulation

unless twenty-four (24) hours have passed since it was issued and

posted, or unless there has been personal written or oral notice of the

regulation given to the fisherman by Fisheries Enforcement or

Fisheries Management staff, whichever occurs first.

(3) Tribal Council Authority. The Tribal Council shall at all times retain the

right to modify or rescind any or all emergency regulations issued by

the Fisheries Manager.

S.T.C. 7.02

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(1) Notice for U.S. v. Washington Species. Regulations shall be provided

to the parties in U.S. v. Washington according to the time schedule

and for those species specified in the applicable orders entered in

U.S. v. Washington.

(2) Notice for Other Species. Regulations regarding species not

adjudicated under U.S. v. Washington shall be provided to the Tribal

Council and appropriate outside agencies.

(3) Notice to Tribal Council. Copies of all fishing regulations shall be

provided to the Tribal Council within a reasonable time.

(4) Posting of Notice of Adopted Regulations. Copies of all adopted

regulations, including emergency regulations, shall be prominently

posted within the Reservation and shall be available to Tribal

members upon request.

Reaffirmed by Resolution No. 17-100 (July 5, 2017)

7.02.026

Delegation to Treaty Council of In-Common Fishery Management

(a) Power to Delegate Management of In-Common Fishery to Treaty Council.

The Skokomish Tribal Council has the power to delegate to the Treaty

Council, by resolution and through the Point No Point Treaty Council

Intertribal Fisheries Management Compact, the authority to manage fishing

areas the Tribe has in-common with other members of the Treaty Council and

the authority to negotiate in-common regulations with tribes which are not

members of the Treaty Council.

(b) Tribal Council Review of Regulations Proposed by Treaty Council.

Regulations proposed by the Treaty Council on behalf of the Tribe shall be

subject to the same procedural and review provisions as the regulations

proposed and promulgated by the Fisheries Manager, including the right of

the Tribal Council to reject or modify any regulations proposed by the Treaty

Council.

Reaffirmed by Resolution No. 17-100 (July 5, 2017)

7.02.027

Fishing Areas/Catch Reporting Districts

Annual and emergency fishing regulations may refer to marine areas by area ordinance

numbers. The waters represented by these numbers shall be described in the most

current State of Washington regulations establishing Puget Sound Commercial Salmon

Management and Catch Reporting Areas, as appropriate. Freshwater fishing areas shall

be referred to in the regulations by the number ordinance and the name of the stream,

river or lake. Beach or other area descriptions for shellfish harvest may be made by

reference to those designated by the Washington Department of Fisheries and Wildlife

or other beach or area descriptions and maps prepared by the Fisheries Manager.

S.T.C. 7.02

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Reaffirmed by Resolution No. 17-100 (July 5, 2017)

7.02.028

Special Provisions for On - Reservation Fisheries

(a) Special On-Reservation Net Fishing Regulations:

(1) The Fisheries Manager shall prepare or direct the preparation of the

regulations regarding net fishing on the Reservation. In preparing the

proposed net fishing regulations, the Fisheries Manager shall:

(A) Consider all recommendations made to him by the Tribal

Council, the Fish Committee, tribal and Treaty Council

biologists, and other interested parties;

(B) Submit the proposed regulations to the Fish Committee for

review and recommendation to the Tribal Council; and

written resolution approving and authorizing the adoption of the

regulations to the Tribal Council with a written resolution

approving and authorizing the adoption of the regulations to be

effective on dates specified therein.

(2) Establishment of Fishing Locations. The Fish Committee shall

prepare and recommend for approval by the Tribal Council a list of

fishing locations at appropriate places along the Skokomish River and

other rivers and streams within the usual and accustomed fishing

grounds and a list of enrolled tribal members assigned to such fishing

locations:

(A) The locations shall be at intervals established in compliance

with Section 7.02.083 of this Ordinance.

(B) Only one enrolled member shall be assigned to each fishing

location. An enrolled member assigned to a fishing location

may enter into an agreement with another enrolled member to

fish the location as a partnership; PROVIDED that such

agreement is in writing and filed with the fisheries manager.

Under no circumstances may an enrolled member assigned to

a fishing location sell, convey, or pledge such assigned fishing

location.

use more than one set net at a time at that location. No person

shall use more than one set net and one drift net or two set

nets in the river at the same time.

(D) Any Tribal member between the ages of 16 years old and 18

years old may register fishing locations. Any minor who has

S.T.C. 7.02

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registered for a fishing location is subject to the provisions

regulating Minors and Fishing in S.T.C. Section 7.02.042.

(3) Abandonment of Fishing Location. A fishing site shall be considered

abandoned if it is not fished for a period of one year.

(A) Any tribal member wishing to be assigned an abandoned

fishing location shall apply in writing to the Fish Committee.

(B) The Fish Committee shall designate and recommend for

approval by the Tribal Council a successor to the abandoned

fishing location.

properly reassigned to a tribal member pursuant to this section

(4) Relinquishment of Fishing Location.

(A) Voluntary Relinquishment: A fishing location may be

relinquished upon written notification to the Fish Committee by

an enrolled member assigned to the fishing location of their

intent to relinquish.

(i) The written notification may designate a successor to

the fishing location, PROVIDED such designee is a

member of the family and is an enrolled tribal member

who has not already been assigned a separate fishing

location or is willing to relinquish the separate fishing

location.

(ii) If no person is designated within the written notification,

any tribal member wishing to be assigned a

relinquished fishing location shall apply in writing to the

Fish Committee. The Fish Committee shall designate

and recommend for approval by the Tribal Council a

successor to the relinquished fishing location.

Preference for reassigning a relinquished fishing

location shall be given to a member of the family, if the

family member is an enrolled tribal member who has

not already been assigned a separate fishing location

or is willing to relinquish the separate fishing location.

(B) Relinquishment upon Death. A fishing location shall be

relinquished upon the death of an enrolled member assigned

to the fishing location.

(i) An enrolled member assigned to a fishing location may

designate in writing an heir to the fishing location,

PROVIDED such heir is a member of the family and is

S.T.C. 7.02

SKOKOMISH ON-RESERVATION AND TREATY

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an enrolled tribal member who has not already been

assigned a separate fishing location or is willing to

relinquish the separate fishing location.

(ii) If no person is designated as an heir, any tribal member

wishing to be assigned a relinquished fishing location

shall apply in writing to the Fish Committee. The Fish

Committee shall designate and recommend for

approval by the Tribal Council a successor to the

relinquished fishing location. Preference for

reassigning a relinquished fishing location shall be

given to a member of the family, if the family member is

an enrolled tribal member who has not already been

assigned a separate fishing location or is willing to

relinquish the separate fishing location.

reassigned to a tribal member pursuant to this section.

[Cross reference: Section 7.02.127(d)(2) - Violation of Special On-Reservation

Net Fishing Regulations is a Class C offense]

(b) Area Closure. No gillnet may be operated in that part of Area 12C south of a

straight line drawn between the Tacoma City Light Powerhouse to Nalley's

Slough, except by tribal fisheries staff for the benefit of the Tribe.

[Cross reference: Section 7.02.120(b) - Fishing in a Closed Area is a Class A

offense]

salmon species from any tribal, state, federal or tribally recognized private

hatchery facility.

[Cross reference: Section 7.02.120(f) - Taking Fish from Hatcheries and Closed

Areas is a Class A offense]

Reaffirmed by Resolution No. 17-100 (July 5, 2017); Amended by Resolution No. 17-124 (August 30, 2017)

7.02.029

Test Fishery

(a) Decision to Conduct Test Fishery. The Fisheries Manager shall have the

power to authorize a test fishery when in his or her professional opinion such

a fishery is justified. The Fisheries Manager shall determine the type and

amount of gear to be used and the time period and fishing area for the test

fishery. There shall be no test fishery other than as directed by the Fisheries

Manager and/or the Treaty Council. Other affected management entities shall

be given reasonable notice of proposed test fisheries.

S.T.C. 7.02

SKOKOMISH ON-RESERVATION AND TREATY

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PAGE 15 OF 63

(b) Who May Conduct Test Fishery; Use of Proceeds. Only the Tribe or the

Treaty Council may conduct a test fishery. Fish, shellfish or marine resources

taken in test fisheries are the property of the Tribe or Treaty Council,

whichever conducts the test fishery. All proceeds from the sale of fish,

shellfish or marine resources caught in test fisheries shall be remitted to the

Tribe or Treaty Council, as appropriate.

fishery, a fisherman shall meet the following requirements:

(1) The fisherman shall be an enrolled member of the Skokomish Indian

Tribe or other member of the tribe of the Point No Point Treaty Council

who is eligible to participate in said Tribe's fishery. Any staff member

employed by the Tribe may be present at the test fishery to collect

data.

(2) The fisherman shall be experienced in the use of the selected test

gear type in the selected test fishing area. In the case of test fisheries

which require vessel-deployed drift nets, only those fishermen who

have successfully operated their vessel and gear in the most recent

regular fishery prior to the test fishery shall be eligible to participate in

the test fishery.

(3) The fisherman shall agree to record and provide to the Fisheries

Manager all the information regarding the test fishery requested by the

Fisheries Manager.

(4) In the event that more than the number of eligible fishermen

necessary for a specific test fishery are interested in participating in

the test fishery, the participants shall be chosen by a fair drawing

conducted by the Fisheries Manager. Participation in the test fishery

shall be according to the order established in the drawing for that test

fishery. If the test fishery continues long enough for all of the

interested fishermen to participate in it once, then the participation of

fishermen shall continue by rotating through the order established by

the drawing. A fisherman who becomes interested and eligible to

participate in an on-going test fishery after the drawing has been held

shall be assigned a place at the end of the rotation list established by

the drawing. "At the end of the rotation list" shall mean after the last

person on the participation schedule as it stands on the day the new

fisherman begins participation in the test fishery.

(5) When a selected test fisherman withdraws or is disqualified from

participating in the test fishery, the next fisherman on the list shall be

designated as his or her replacement. Test fishermen shall not

exchange their position on the list before the test fishery begins

without the approval of the Fisheries Manager. No exchange of

positions shall be made after the test fishery begins.

S.T.C. 7.02

SKOKOMISH ON-RESERVATION AND TREATY

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PAGE 16 OF 63

(6) In the event that a test fishery continues for and extended period of

time, with the result that some fishermen have repeatedly participated

in it, fishermen who are ineligible to participate because their gear or

experience is inadequate may indicate to the Fisheries Manager their

desire to be an assistant in the test fishery. The Fisheries Manager

may require the test fisherman to select a new assistant each time the

test fisherman participates again in that test fishery.

(7) The test fisherman must agree to participate in the test fishery for the

amount of compensation provided for within this section.

(8) In the event that no member fisherman possesses the type of gear

necessary to conduct a test fishery, a non-member may be hired to

fish in a test fishery. It is the Fishery Manager's responsibility to

determine if any member fisherman possesses the necessary gear.

(d) Sale of Test Fishery Fish. Fish, shellfish or marine resources taken in test

fisheries shall be sold only on a Test Fishery Card, and not on the individual

test fisherman's Tribal Fishing Identification Card.

[Cross reference: Section 7.02.126(i) - Sale of Fish Without Proper Permits,

Cards, Identification and Registrations is a Class B offense]

(e) Compliance with Test Fishery Requirements. Test fishermen shall strictly

obey the gear, time, area and reporting requirements of the test fishing

program. Failure to comply with the reporting requirements or the gear, time

and area restrictions of the test fishing program shall constitute withdrawal

from the program, and is a violation of this Ordinance.

[Cross reference: Section 7.02.120(c) - Unauthorized Test Fishery is a Class B

offense]

(f) Compensation of Test Fishermen. The Fisheries Manager shall determine

compensation for test fishermen at the time of authorization of the test fishery

and in compliance with existing tribal contractual procedures. Any

compensation is conditioned on compliance with all applicable reporting

requirements.

(g) Test Fishery Catch exempt from Tax. The Tribal Fish Tax shall not be

applied to the sale of fish or shellfish caught in test fisheries.

Reaffirmed by Resolution No. 17-100 (July 5, 2017)

ELIGIBLE FISHERMEN

7.02.040

Enrolled Members

Enrolled members of the Skokomish Indian Tribe are eligible to exercise treaty fishing

rights, but only in accordance with this Ordinance and applicable regulations.

S.T.C. 7.02

SKOKOMISH ON-RESERVATION AND TREATY

FISHING ORDINANCE

PAGE 17 OF 63

Reaffirmed by Resolution No. 17-100 (July 5, 2017)

7.02.041

Non-member Indian Spouses

(a) Non-member Indian Spouses Are Eligible to Exercise Skokomish Tribal

Fishing Rights. Non-member Indian spouses of enrolled Skokomish Tribal

members are eligible to exercise Skokomish tribal fishing rights, PROVIDED

that:

(1) The member spouse must accompany the non-member Indian

spouse while exercising tribal fishing rights outside the boundaries of

the Skokomish Reservation;

(2) The non-member spouse must sign an annual written agreement

containing the following;

(A) A voluntary and knowing relinquishment of the commercial

treaty fishing rights from his or her Tribe;

(B) An unconditional promise to adhere to all Skokomish Tribal

Ordinances and regulations; and

cited for a violation of this Ordinance, any regulations promulgated

pursuant to this Ordinance, or any other law of the Skokomish

Indian Tribe.

(b) Definition of Indian. For purposes of this section, non-member Indian

spouses must be enrolled members of a federally recognized Indian tribe;

EXCEPT non-member Indian spouses who are not enrolled members of a

federally recognized Indian tribe, but who have exercised Skokomish tribal

fishing rights prior to the enactment of this code, may continue to exercise

those rights.

person who is considered to be married under the laws of the Skokomish

Indian Tribe or the Sate of Washington.

(d) Divorce or Separation. A non-member Indian spouse loses the right to

exercise Skokomish tribal fishing rights at the time of divorce or separation

from the member spouse. The determination of whether the enrolled member

and the non member Indian spouse are separated resulting in the loss of

Skokomish treat fishing rights shall be made by the Fish Committee.

[Cross reference: Section 7.02.120(1) - Non-Member Fishing Without

Authorization is a Civil infraction; Section 7.02.024(a) - Allowing Non-Members to

Participate or Assist in Tribal Fishing is a Class A offense]

Reaffirmed by Resolution No. 17-100 (July 5, 2017)

S.T.C. 7.02

SKOKOMISH ON-RESERVATION AND TREATY

FISHING ORDINANCE

PAGE 18 OF 63

7.02.042

Minors

(a) Minors Commercial Fishing. Tribal members who are between the ages of 12

years old and 18 years old are eligible to exercise treaty fishing and

shellfishing rights for commercial purposes, in accordance with the

requirements of this section, PROVIDED he or she meets one of the following

three circumstances:

(1) The minor is accompanied by an adult member of the Tribe;

(2) The minor is a head of household. The determination of whether a

person is the head of household to exercise treaty fishing rights shall

be made by the Fish Committee prior to that person fishing; or

(3) The minor has been exempted from the restrictions places on minors

upon a showing of extreme hardship. The determination of whether

there is a showing of extreme hardship sufficient to allow a minor to be

exempt from the sections of this Ordinance pertaining to minors shall

be made by the Fish Committee prior to that person fishing.

[Cross reference: Section 7.02.125(a) - Minors Not Accompanied by Adult is a

Class D offense]

(b) Minors Subsistence Fishing. Tribal members who are under the age of 18

years old may exercise treaty fishing and shellfishing rights for subsistence

purposes in accordance with the requirements of Section 7.02.052,

PROVIDED:

(1) In the exercise of fishing rights for subsistence purposes, a minor may

only fish with hook and line as defined within this Ordinance; and

(2) In the exercise of shellfishing rights for subsistence purposes, a minor

must be accompanied by an adult member and may only assist such

adult member.

resources under this Ordinance shall be subject to the provisions of this

Ordinance, all applicable regulations and the following time restrictions:

(1) No minor shall fish earlier than 5:00 p.m. on a regularly scheduled

school day;

(2) No minor shall fish later than 10:00 p.m. on any day immediately

preceding a regularly scheduled school day;

(3) For purposes of this section, "regularly scheduled school day" means

Monday through Friday, except scheduled school vacations or

holidays; and

S.T.C. 7.02

SKOKOMISH ON-RESERVATION AND TREATY

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PAGE 19 OF 63

(4) The time restrictions in this section shall not apply if prior to fishing:

(A) The minor's parent or legal guardian has requested a written

waiver, approved by the Fish Committee, allowing the minor to

fish, shellfish, or harvest marine resources during the restricted

time;

(B) The Fish Committee has determined that the minor is a head

of household pursuant to Section 7.02.042(a)(2);

minors upon a showing the extreme hardship pursuant to

§ 7.02.042(a)(3); or

(D) The minor has graduated from high school and has requested

a written waiver, approved by the Fish Committee, allowing the

minor to fish, shellfish, or harvest marine resources during the

restricted time.

[Cross reference: Section 7.02.125(b) - violation of Time of Day

Restrictions is a Class D offense]

(d) Parental Responsibility for Minor and Required Consent. It is the duty of the

parent or legal guardian of any minor who is to exercise treaty fishing rights

pursuant to this section to insure compliance with this Ordinance. No minor

shall be issued a tribal Identification Card unless:

(1) The minor obtains the written and signed consent of his or her parent

or legal guardian;

(2) The consent clearly indicates the duty of the parent or legal guardian

to insure compliance with this section;

(3) Both a parent or legal guardian who permits a minor to violate this

section and the minor violating this section shall be subject to the

penalties provided by this Ordinance; and

(4) This subsection shall not apply when the Fish Committee has

determined that the minor is the head of a household.

[Cross reference: Section 7.02.125(c) - Allowing a Minor to Fish Contrary

to Fishing Ordinance is a Class D offense]

Reaffirmed by Resolution No. 17-100 (July 5, 2017)

7.02.043

Non-Members Fishing Non-Commercially On-Reservation

(a) Special Permit Required. A non-member (including a non-member spouse)

S.T.C. 7.02

SKOKOMISH ON-RESERVATION AND TREATY

FISHING ORDINANCE

PAGE 20 OF 63

may have the privilege of fishing non-commercially by hook and line on the

Reservation if he or she has obtained a special fishing permit from the

Skokomish Indian Tribe through the Skokomish Fisheries Office. Nonmembers fishing on-Reservation shall comply with this Ordinance, all

applicable regulations and restrictions contained within the special fishing

permit.

(b) Written Agreement Required. The non-member must sign a written

agreement containing the following:

(1) An unconditional promise to adhere to all Skokomish Tribal

ordinances and regulations; and

(2) Consent to the jurisdiction of the Skokomish Tribal Court if cited for a

violation of this Ordinance, any regulations promulgated pursuant to

this Ordinance, or any other laws of the Skokomish Indian Tribe.

[Cross reference: Section 7.02.120(l) - Non-member Fishing Without

Authorization is a Civil infraction]

Reaffirmed by Resolution No. 17-100 (July 5, 2017)

7.02.044

Biological Personnel

(a) Approved Scientific, Management and/or Enhancement Purposes. Biological

personnel of the Skokomish Indian Tribe, The Point No Point Treaty Council

and the Northwest Indian Fish Commission may take and possess fish and

shellfish of all species and other marine resource for approved scientific

management and/or enhancement purposes by any means or gear suitable

for the purpose of the biological program.

(b) Cumulative Record Required. Biological personnel taking fish, shellfish or

marine resources under the authority of this Ordinance shall keep a

cumulative record of all fish taken and shall produce it for inspection upon

request by the Fisheries Manager or fisheries enforcement officer. Fish,

shellfish and other marine resources taken by biological personnel shall not

be sold or used for personal gain of the biological personnel, but shall remain

the property of the Tribe or the Treaty Council.

circumvent this section or abuse the privileges granted herein shall be

grounds for immediate dismissal from employment with the Tribe and/or the

Treaty Council.

Reaffirmed by Resolution No. 17-100 (July 5, 2017)

7.02.045

Fishing Vessel Assistance

(a) Assistance from Non-Members Prohibited. A member of the Skokomish

Indian Tribe shall not allow any non-member not otherwise authorized by this

S.T.C. 7.02

SKOKOMISH ON-RESERVATION AND TREATY

FISHING ORDINANCE

PAGE 21 OF 63

Ordinance to assist in any treaty fishing activity.

[Cross reference: Section 7.02.124(a) - Allowing Non-Members to Participate or

Assist in Tribal Fishing is a Class A offense]

(b) Non-Members Aboard Fishing Vessel Prohibited. A member of the

Skokomish Indian Tribe shall not allow any non-enrolled person not otherwise

authorized pursuant to this Ordinance to be present aboard any fishing vessel

being used in the exercise of treaty fishing rights of the Skokomish Indian

Tribe.

[Cross reference: Section 7.02.124(b) - Allowing Non-Members to be Aboard

Vessel While Fishing is a Class B offense]

(c) Assistance from Members of Point No Point Treaty Tribes Authorized Limitations. An enrolled member of the Skokomish Indian Tribe operating a

vessel registered pursuant to this Ordinance may hire an enrolled member of

the Lower Elwha S'Klallam Tribe, the Jamestown S'Klallam Tribe, or the Port

Gamble S'Klallam Tribe as an assistant aboard his or her fishing vessel

provided:

(1) The vessel is being fished in an area which is within the usual and

accustomed fishing areas of both the Skokomish Indian Tribe and the

assistant's tribe. PROVIDED such joint arrangements are not lawful

within the Skokomish Indian Tribe's exclusive harvest-use areas, as

defined in the Point No Point Treaty Council Constitution and OffReservation Fisheries Management Compact; and

(2) The assistant has in his or her possession valid identification showing

membership in and current eligibility to exercise the treaty fishing

rights of the Lower Elwha S'Klallam Tribe, the Jamestown S'Klallam

Tribe, or the Port Gamble S'Klallam Tribe; and

(3) ny of the fish, shellfish or marine resources which are caught from the

vessel are sold by the Skokomish member operating the vessel, and

he or she uses the embossed Tribal Fishing Identification Card

provided to him or her for this purpose.

(d) Skokomish Members Employed As Assistants - Requirements. It shall be

lawful for a member of the Skokomish Indian Tribe to be employed as an

assistant on a fishing vessel legally owned, operated and/or licensed by a

member of another Point No Point Treaty Area Tribe which possesses treaty

fishing rights pursuant to U.S. v. Washington provided:

(1) The said vessel is being legally fished within the usual and

accustomed fishing area of both the Skokomish Indian Tribe and the

owner/operator's tribe; and

(2) That the owner/operator is aboard the vessel while it is being fished.

S.T.C. 7.02

SKOKOMISH ON-RESERVATION AND TREATY

FISHING ORDINANCE

PAGE 22 OF 63

[Cross reference: Section 7.02.124(c) - Violation of Prohibitions for Members

Employed as Assistants is a Class B offense]

(e) Assistance Aboard Non-Members' Fishing Vessels - Restrictions. Any

member of the Skokomish Indian Tribe employed as an assistant aboard a

non-member's fishing vessel shall not use any cards or permits issued by the

Tribe or Treaty Council to sell any fish, shellfish or marine resources caught

by said vessel, or to allow the sale of any fish, shellfish or marine resources

caught by said vessel to be recorded as caught by a member of the

Skokomish Indian Tribe.

[Cross reference: Section7.02.126(g) - Members Selling Fish While on NonMember Fishing Vessels is a Class A offense]

Reaffirmed by Resolution No. 17-100 (July 5, 2017)

REQUIRED IDENTIFICATION AND PERMITS

7.02.050

General Requirements

(a) Identification and Permits Required. Any person eligible to fish under

Sections 7.02.040 through 7.02.045 of this Ordinance who exercises any

treaty fishing (including shellfishing) right or engages in the sale of fish,

shellfish or marine resources shall possess current valid identification and

permits as provided in this section and applicable regulations. All

identification cards and permit documents shall be issued by the Tribe or

Treaty Council and shall remain the property of the Skokomish Indian Tribe

and shall be returned to the Tribe upon order of the Tribal Court or as

otherwise provided in this Ordinance.

[Cross reference: Section 7.02.122(a) - Fishing Without Obtaining Identification

and Permit is a Class B offense; Section 7.02.122(b) - Fishing without

Identification and Permits in Possession is a Class D offense]

(b) Transfer of Permit or Identification Prohibited. No person shall transfer any

permit or identification issued to him or her under this Ordinance to another

person for the purposes of allowing the transferee to engage in a treaty

fishery.

[Cross reference: Section 7.02.122(d) - Unauthorized Transfer of Permit or

Identification is a Class B offense]

purporting to exercise tribal fishing or shellfishing rights shall produce for

examination the applicable identification cards and fishing permits required by

this Ordinance upon demand of any tribal, state, or federal law enforcement

officer. Failure to produce the required forms of identification shall be

probable cause to believe that such person is not authorized to exercise tribal

S.T.C. 7.02

SKOKOMISH ON-RESERVATION AND TREATY

FISHING ORDINANCE

PAGE 23 OF 63

fishing or shellfishing rights.

[Cross reference: Section 7.02.122(c) - Failure to Produce Identification and

Permits to Law Enforcement Officers is a Class D offense]

Reaffirmed by Resolution No. 17-100 (July 5, 2017)

7.02.051

Tribal Fishing Identification Card

Any person who exercises Skokomish Tribal fishing or shellfishing rights must have in

their possession a valid Tribal Fishing Identification Card which shall be an embossed

identification card issued by the Skokomish Tribal Fisheries Department for the purpose

of identifying the holder as a member of the Skokomish Indian Tribe and eligible to fish or

shellfish. The card shall show the Bureau of Indian Affairs (B.I.A.) number of the card

holder, his or her photograph and tribal affiliation, and any other information which the

Tribal Council may require.

[Cross reference: Section 7.02.122(a) - Fishing Without Obtaining Identification and

Permit is a Class B offense; Section 7.02.122(b) - Fishing without Identification and

Permits in Possession is a Class D offense]

Reaffirmed by Resolution No. 17-100 (July 5, 2017)

7.02.052

Subsistence and Recreational Fishing

(a) Tribal Fishing Identification Card Required. Members fishing or shellfishing

for subsistence or recreational purposes must have on their person a Tribal

Fishing Identification Card as provided in Section 7.02.051 and a subsistence

catch reporting card. A Commercial Fishing Permit is not required.

[Cross reference: Section 7.02.122(a) - Fishing Without Obtaining Identification

and Permit is a Class B offense; Section 7.02.122(b) - Fishing without

Identification and Permits in Possession is a Class D offense]

(b) Subsistence/Catch Reporting Cards. Each time a fisherman catches fish and

shellfish for non-commercial purposes he or she shall complete a

Subsistence/Catch Reporting Card. The Subsistence Catch Reporting Card

shall be issued free of charge by the Skokomish Tribal Fisheries Department.

The fisherman shall record his or her catch at the time of catch and must

return the card to the Tribal Fisheries Department within the time period

specified by the Fisheries Manager for each species. A new card will not be

issued until previously issued cards have been returned.

[Cross reference: Section 7.02.126(e) - Failure to Fill Out and Return

Subsistence/Catch Cards is a Class D offense]

by regulation promulgated by the Fisheries Manager and approved by the

Fish Committee.

S.T.C. 7.02

SKOKOMISH ON-RESERVATION AND TREATY

FISHING ORDINANCE

PAGE 24 OF 63

Reaffirmed by Resolution No. 17-100 (July 5, 2017)

7.02.053

Commercial Fishing and Shellfish Harvesting

(a) Commercial Fishing and Shellfish Harvesting. Any person eligible to fish

pursuant to this Ordinance, who fishes or harvests shellfish for commercial

purposes or fishes with nets of any kind for any purpose, must have a Tribal

Fishing Identification Card as provided in Section 7.02.051 and a Commercial

Fishing Permit as provided in subsection (b) below and other permits required

by this section.

[Cross reference: Section 7.02.122(b) - Fishing without Identification and

Permits in Possession is a Class D offense]

(b) Commercial Fishing Permit. Any person eligible to fish pursuant to this

Ordinance, who fishes, shellfishes or harvests marine resources commercially

or who fishes with a net of any kind for any purpose, shall obtain an annual

tribal Commercial Fishing Permit form the Skokomish Tribal Fisheries

Department, which may be in the form of a sticker which shall be attached to

the fisherman's Tribal Fishing Identification Card. All such permits shall be

non-transferable and shall expire on April 30 of each year.

[Cross reference: Section 7.02.122(a) - Fishing Without Obtaining Identification

and Permit is a Class B offense; Section 7.02.122(d) - Unauthorized Transfer of

Permit for Identification is a Class B offense]

Fishing Permit shall not be issued to an otherwise eligible fisherman for a

given year unless and until:

(1) The fisherman has paid all tribal fish and shellfish taxes due; and

(2) The fisherman has paid all tribal fines in full or fishing violations levied

during the previous seasons; and

(3) Provided there is no Tribal Court to order prohibiting the issuance of

the permit.

(d) Permit Fees. A mandatory license fee shall be paid prior to the issuance of a

Commercial Fishing Permit. The Fisheries Manager and Fish Committee shall

propose the amount of the license fee within the annual regulations and the

amount shall be subject to the final approval of the Tribal Council.

Reaffirmed by Resolution No. 17-100 (July 5, 2017)

7.02.054

Ceremonial Fishing

(a) Ceremonial Fishing. Only enrolled members of the Skokomish Indian Tribe

shall exercise ceremonial fishing rights. Members fishing or shellfishing for

S.T.C. 7.02

SKOKOMISH ON-RESERVATION AND TREATY

FISHING ORDINANCE

PAGE 25 OF 63

ceremonial purposes shall have a Tribal Fishing Identification Card as

provided in Section 7.02.051 and a Ceremonial Permit as provided in

subsection (b) below. Each ceremonial fisherman shall report his or her

ceremonial catch to the Fisheries Manager within the time period specified on

the ceremonial permit.

[Cross reference: Section 7.02.122(b) - Fishing without Identification and Permits

in Possession is a Class D offense]

(b) Ceremonial Fishing Permits. Members of the Skokomish Indian Tribe may

gather fish and shellfish for ceremonial purposes if they first obtain a

Ceremonial Fishing Permit issued by the Skokomish Tribal Fisheries

Department for that purpose. Ceremonial fishing shall be done in accordance

with the conditions stated on the permit and in the appropriate ceremonial

fishing regulation.

[Cross reference: Section 7.02.122(a) - Fishing Without Obtaining Identification

and Permit is a Class B offense]

Reaffirmed by Resolution No. 17-100 (July 5, 2017)

7.02.055

Damaged or Lost Fishing Permits and Tribal Identification Cards

(a) Damaged Permits or Cards. If a Fishing Permit or Tribal Identification Card is

damaged, the fisherman must present the damaged card for a free

replacement.

(b) Lost Permits of Cards. If a Fishing Permit or Tribal Identification Card is lost,

the first replacement is free of charge. If a fisherman loses a second permit

or card during the fishing year, the replacement shall be $5.00. A third

replacement shall be $10.00. The fourth replacement shall be $15.00, and

each subsequent loss shall increase by $5.00.

Reaffirmed by Resolution No. 17-100 (July 5, 2017)

7.02.056

Fisheries Personnel

(a) Biological Personnel Identification Card. The Biological Personnel

Identification Card shall be issued by the Skokomish Tribal Fisheries

Department to those biological personnel employed by the Tribe or Treaty

Council who are authorized to take and possess fish, shellfish and other

marine resources as may be required in the performance of his or her duties.

(b) Test Fishery Card. The Test Fishery Card shall be an embossed card which

shall be used for recording the sale of fish, shellfish or marine resources

taken in test fisheries conducted pursuant to this Ordinance. Control of the

use and possession of the Test Fishery Card shall be the responsibility of the

Fisheries Manager.

S.T.C. 7.02

SKOKOMISH ON-RESERVATION AND TREATY

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PAGE 26 OF 63

shall be used for recording the sale of fish, shellfish and other marine

resources taken in fisheries specifically conducted on behalf of and for the

benefit of the Tribe or Treaty Council. No such fishery shall occur except as

specifically authorized by appropriate regulations issued pursuant to this

Ordinance. Control of the use and possession of the Tribal Fishery Card shall

be the responsibility of the Fisheries Manager.

(d) Hatchery Sale Card. The Hatchery Sale Card shall be an embossed card

which shall be used to record the sale of surplus or spawned fish taken at

tribal enhancement facilities. Control of the use and possession of the

Hatchery Sale Card shall be the responsibility of the Fisheries Manager.

(e) Patrol Confiscation Card. The Patrol Confiscation Card shall be an

embossed card which shall be used to record the sale of fish confiscated

under authority of this Ordinance. Control of the use and possession of the

Patrol Confiscation Card shall be the responsibility of the Fisheries

Enforcement Officers.

Reaffirmed by Resolution No. 17-100 (July 5, 2017)

FISHING VESSEL OWNERSHIP AND REGISTRATION

7.02.070

Fishing Vessel Ownership

(a) Fishing Vessel Ownership. Tribal fishermen shall exercise treaty fishing

rights only on a vessel which is:

(1) Wholly owned by the fisherman, a member of the Skokomish Indian

Tribe, or the Treaty Council; or

(2) In the fisherman's custody pursuant to an approved, legally binding

purchase contract as provided for in section (c) below;

(3) This section shall not apply to tribal members employed as assistants

in accordance with Section 7.02.045 or to tribal members participating

in a test fishery according to Section 7.02.029.

[Cross reference: Section 7.02.123(e) - Exercising Treaty Fishing Rights on

Vessel not Owned by the Tribe or Tribal Member is a Class B offense]

(b) Documentation of Ownership. Adequate documentation of ownership shall

consist of the following:

(1) Coast Guard documentation/registration or tribal registration in the

name of the Tribe or a tribal member; and

(2) A bill of sale conveying clear title to the boat to the Tribe or a tribal

member; the bill of sale shall show the name and address of the

purchaser and the seller; the purchase price; the make, model, hull

S.T.C. 7.02

SKOKOMISH ON-RESERVATION AND TREATY

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identification number, type, name (if applicable) and length of the boat;

a description of any included gear and equipment; and the date of

sale; or

(3) A purchase contract as approved under subsection (c) below.

contract must be approved by the Tribe before the vessel in question can be

used in exercising treaty fishing rights. The procedure for obtaining approval

of the vessel purchase contract shall be as follows:

(1) Application for approval of the contract shall be made to the Fisheries

Manager. The application shall be made by providing a copy of the

purchase contract and any pertinent documents to the Fisheries

Manager.

(2) The Fisheries Manager shall examine the contract and the submitted

documents in order to determine:

(A) Whether the contract is legally binding on both buyer and

seller;

(B) Whether it has a reasonable likelihood of success, thus

insuring that the vessel will not be returned to the seller; and

Ordinance.

(3) The Fisheries Manager shall consult with the tribal attorney and the

Fish Committee in making this determination.

(4) If the Fisheries Manager determines that the contract is enforceable

and meets the requirements of this Ordinance, he shall approve the

contract and authorize the vessel to be registered.

(5) Within two (2) weeks after receiving the application, the Fisheries

Manager shall notify the fisherman whether or not the purchase

contract has been approved.

(6) Any fisherman whose contract has been disapproved by the Fisheries

Manager may appeal the decision pursuant to section 11 of this

Ordinance.

[Cross reference: Section 7.02.123(f) - Giving False Information to Obtain

Purchase Contract is a Class C offense; Section 7.02.123(e) - Exercising Treaty

Fishing Rights on Vessel not Owned by the Tribe or Tribal Member is a Class B

offense]

(d) Contracts Where Payment is Percentage of Catch Prohibited. No purchase

S.T.C. 7.02

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contract shall be approved if payment on the contract is in the form of a

percentage of the catch.

[Cross reference: Section 7.02.123(c) - Fishing on a Vessel Obtained by a

Lease, a Lease Purchase Agreement or Percentage-of-Catch Agreement is a

Class A offense]

(e) Lease and Lease Purchase Agreements Prohibited. Lease and leasepurchase agreements are prohibited.

[Cross reference: Section 7.02.123(c) - Fishing on a Vessel Obtained by a

Lease, a Lease Purchase Agreement or Percentage-of-Catch Agreement is a

Class A offense]

Reaffirmed by Resolution No. 17-100 (July 5, 2017)

7.02.071

Fishing Vessel Registration

(a) Fishing Vessel Registration - Generally. Except as may be provided

elsewhere in this Ordinance, no member shall exercise treaty fishing rights

using any boat which has not been registered and marked in accordance to

the procedures established by this Ordinance or other procedures approved

by the Tribal Council or Treaty Council. All registration shall expire on April 30

of each year.

(b) Registration with the Skokomish Indian Tribe. Any boat engaging in a tribal

fishery must be registered with the Skokomish Indian Tribe through the

Skokomish Tribal Fisheries Department and must display a WN# showing

proof of registration as agreed between the Tribe and the State of

Washington.

[Cross reference: Section 7.02.122(e) - Failure to Comply with Vessel

Registration Requirements is a Class C offense]

Registration Sticker to another boat other than the one for which the sticker

was issued is prohibited.

[Cross reference: Section 7.02.122(f)]

Reaffirmed by Resolution No. 17-100 (July 5, 2017)

7.02.072

Use of Tribally Registered Boat by Unauthorized Person

The owner of a tribally registered boat shall not allow that boat to be commercially fished

by a person not authorized to do so under this Ordinance.

[Cross reference: Section 7.02.123(d) - Commercial Use of Vessel by Unauthorized

Person is a Class A offense]

S.T.C. 7.02

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Reaffirmed by Resolution No. 17-100 (July 5, 2017)

7.02.073

Use of Purse Seiner Prohibited

No person shall exercise treaty fishing rights of the Skokomish Indian Tribe as an owner

or operator of a purse seine boat. This section does not prohibit employment as a fishing

vessel assistant on a purse seiner under Section 7.02.045 of this Ordinance.

Cross reference: Section 7.02.123(a) - Violation of Purse Seiners Prohibition is a Class

A offense]

Reaffirmed by Resolution No. 17-100 (July 5, 2017)

SPECIFIC GEAR PROVISIONS

7.02.080

Marine Drift Nets

(a) Lighting. All boats and drift gillnets shall be properly lighted after dusk.

Proper boat lighting is defined pursuant to applicable Coast Guard

regulations. In addition to proper boat lighting, a light is also required at the

end of the drift net furthest from the boat.

[Cross reference: Section 7.02.127(a)(4) - Failure to properly light Drift Nets is a

Class C offense]

(b) Nets to be Attended. All marine drift nets must be attended by the fisherman

at all times.

[Cross reference: Section 7.02.087(a)(3) - Unattended Nets is a Class C offense]

fathoms of a drift gillnet.

[Cross reference: Section 7.02.127(a)(1) - Violation of Net Length Limits is a

Class B offense]

(d) Net Identification - Buoys. All submerged nets shall have buoys attached. All

buoys shall comply with the following requirements:

(1) Buoys shall be conspicuously marked with the Tribal Identification

Card umber of the fisherman operating the gear;

(2) Buoys shall be marked in such a way that the fisherman and tribal

affiliation can be identified without removing the gear from the water;

(3) Buoys shall be constructed of durable material excluding plastic or

metal bottles and other containers; and

(4) The buoy line shall be weighted to keep the buoy line from floating.

S.T.C. 7.02

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[Cross reference: Section 7.02.127(a)(2) - Violation of Buoy and Net

Identification Requirements is a Class C offense]

Reaffirmed by Resolution No. 17-100 (July 5, 2017)

7.02.081

Marine Set Nets

(a) Marine Set Net Identification Requirements. All marine set nets shall comply

with the following requirements:

(1) Marine set nets shall be conspicuously marked at the outermost and

innermost end with the Tribal Fishing Identification Card number of the

fisherman operating the net; and

(2) Marine set nets shall be marked in such a way that the fisherman and

tribal affiliation can be identified without removing the net from the

water.

(3) All unmarked nets which are unattended, and any fish found in them

may be seized by the fisheries enforcement officers.

[Cross reference: Section 7.02.127 (b)(1) - Violation of Net Identification

Requirements is a Class C offense]

(b) Lighting. Lights are required on all set nets left in marine waters after dusk.

All lights must be maintained in working condition.

[Cross reference: Section 7.02.127(b)(3) - Failure to Properly Light Set Nets is a

Class C offense]

(a) Nets to be Tended Daily. All gillnets shall be tended at least once in every

twenty-four (24) hour period, and all fish captured in the net shall be removed.

(1) The person whose identification is attached to the net is the person

responsible for tending the net.

(2) Failure to move an enforcement marker within twenty-four (24) hours,

according to the instructions on the marker, will raise a presumption

that the net has not been tended.

[Cross reference: Section 7.02.127(b)(2) - Violation of Tending Marine Set Nets

Daily is a Class C offense]

(d) Removal of Nets Upon Closure. Upon closure of a fishing area all nets and

parts of nets, must be completely removed from the closed area regardless of the

condition of the net.

[Cross reference: Section 7.02.127(b)(4) - Failure to Remove Nets Upon Closure

S.T.C. 7.02

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is a Class C offense]

Reaffirmed by Resolution No. 17-100 (July 5, 2017)

7.02.082

Beach Seines

(a) Mesh and Length Requirements. Beach seine nets shall have four inch

minimum mesh at the wings, three-and-a-half inch maximum mesh at the bunt

and a maximum length of one hundred sixty five fathoms (990 feet). The use

of power equipment for retrieval is not permitted.

Reaffirmed by Resolution No. 17-100 (July 5, 2017)

7.02.083

River Gillnets

(a) Set and Drift Nets Authorized. Set and drift nets are authorized for use on the

Skokomish river and other rivers and streams within the usual and

accustomed fishing grounds pursuant to the limitations established within this

Ordinance and the annual or emergency regulations

(b) River Gillnet Identification Requirements. All river gillnets shall comply with

the following identification requirements:

(1) River set nets shall be conspicuously marked at the outermost and

innermost end with the Tribal Fishing Identification Card number of the

fisherman operating the net and shall be marked in such a way that

the fisherman and the tribal affiliation can be identified without

removing the net from the river.

(2) River drift nets shall be conspicuously marked at one end with the

Tribal Fishing Identification Card number of the fisherman operating

the net.

(3) All unmarked nets and any fish found in them may be seized by the

fisheries enforcement officers.

[Cross reference: Section 7.02.127(c)(4) - Violation of Net Identification

Requirements is a Class C offense]

length requirements designated within the annual or emergency regulations,

but under no circumstances shall exceed 55 fathoms in length, EXCEPT that

set nets below the Tacoma City Light power lines may not exceed 100

fathoms in length.

(d) Other River Set Net Requirements.

S.T.C. 7.02

(1) River Set Nets to be Tended Daily. All river set nets shall be tended

at least once in every twenty-four hour period, and all fish captured in

the net shall be removed.

SKOKOMISH ON-RESERVATION AND TREATY

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(A) The person whose identification is attached to the set net is

the person responsible for tending the net.

(B) Failure to move an enforcement marker within twenty-four (24)

hours, according to the instructions on the marker, will raise a

presumption that the net has not been tended.

[Cross reference: Section 7.02.127(c)(2) - Violation of Tending Nets is a

Class C offense]

(2) River Set Nets to be Spaced 250 Feet Apart. River set nets shall be

set and no part allowed to be closer than 250 feet from any other set

net, unless specifically authorized by the Fish Committee.

[Cross reference: Section 7.02.127(c)(3) - Violation of Nets to be Spaced

250 Feet Apart is a Class D offense]

(d) River Set Nets Not to Block River. River set nets shall not be allowed

to extend across, or block by any means, more than one third of the

portion of the river which is navigable by salmon. The set net must be

adjusted when the water level drops.

[Cross reference Section 7.02.127(c)(1) - Nets Not to Block River is a

Class B Offense]

Reaffirmed by Resolution No. 17-100 (July 5, 2017)

7.02.084

Hook and Line - Subsistence and Recreational Fishing

(a) Marine Area Limitations. Non-commercial hook-and-line fishing by tribal

members at usual and accustomed marine fishing grounds and stations and

at on-Reservation marine areas for subsistence and/or recreational purposes

is permitted year round unless closed by annual or emergency regulations

adopted pursuant to this Ordinance.

(b) Freshwater Limitations. Non-commercial hook-and-line freshwater fishing by

tribal members on the reservation is open year round unless otherwise

specifically closed by regulations adopted pursuant to this Ordinance. Noncommercial hook-and-line fishing by tribal members off reservation at usual

and accustomed freshwater grounds and stations for subsistence and/or

recreational purposes is permitted whenever the fishing area is opened by the

Washington Department of Fisheries and Wildlife for all-citizen sports

fishermen, unless otherwise specifically opened or closed by regulations

adopted pursuant to this Ordinance.

aboard boats with hook and line for non-commercial purposes with nonmembers likewise fishing, provided that the non-member is appropriately

S.T.C. 7.02

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licensed by the State of Washington and is fishing according to current State

laws and regulations governing sport fishing, and provided further that the

member shall be limited to the same species and catch bag limits, size

restrictions, and gear restrictions as apply to the non-members.

Reaffirmed by Resolution No. 17-100 (July 5, 2017)

7.02.085

Shellfish - Hand-Held Gear Only

All shellfish, except crab and shrimp, must be harvested by hand-held gear unless

otherwise authorized by regulation.

[Cross reference: Section 7.02.128(b) - Violating Shellfish Harvesting Gear Prohibitions

is a Class C offense]

Reaffirmed by Resolution No. 17-100 (July 5, 2017)

7.02.086

Shellfish Pots

(a) Crab Pots - Commercial. The inside diameter of the escape rings or ports of

a commercial crab pot shall not be less than 4 1/4 inches inside diameter.

(b) Crab Pots - Personal Use. A personal-use crab pot shall have an escape

ring or port if the pot entrance does not allow free exit. The inside diameter of

the escape rings or ports of a personal-use crab pot shall not be less than 41/4 (4-1/8 south of Hood Canal Floating bridge) inches inside diameter and

shall be located in the upper half of the pot.

shrimp pots within Hood Canal only:

(1) Walls of the pot constructed of square mesh only that measures less

than 7/8-inch on the side of each mesh square;

(2) No minimum mesh size for entry tunnels but tunnels located on sides

of pot only; and

(3) Total of tunnel widths not to exceed one-half the perimeter of the pot

bottom.

(d) Shellfish Pot Identification Requirements. All unattended pots shall have

buoys attached. All buoys shall comply with the following requirements:

(1) Buoys shall be conspicuously marked with the Tribal Identification

Card number of the fisherman operating the gear;

(2) Buoys shall be marked in such a way that the fisherman and tribal

affiliation can be identified without removing the gear from the water;

S.T.C. 7.02

(3) Buoys shall be constructed of durable material excluding plastic or

SKOKOMISH ON-RESERVATION AND TREATY

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metal bottles and other containers; and

(4) The buoy line shall be weighted to keep the buoy line from floating.

[Cross reference: Section 7.02.128(a) - Violation of Buoy and Net Identification

Requirements is a Class C offense]

Reaffirmed by Resolution No. 17-100 (July 5, 2017)

7.02.087

Prohibited Gear and Removal of Gear

(a) Other Gear Prohibited. All gear types other than those authorized in this

Ordinance are prohibited unless, and until, they are authorized by regulation.

[Cross reference: Section 7.02.120(d) - Use of Unauthorized Gear/Prohibited

Methods is a Class B offense]

(b) Rented or Leased Gear Ownership Prohibited. No person shall exercise any

treaty fishing rights of the Skokomish Indian Tribe while using or in

possession of any rented or leased fishing gear.

[Cross reference: Section 7.02.123(b) - Use of Rental or Lease of Fishing Gear

is a Class A offense]

season for a fish, shellfish or marine resource species, all gear, including nets

(regardless of condition), buoys, anchors and crosslines, must be completely

removed from the area. No gear may be placed in an area until the opening

of the next harvesting season.

[Cross reference: Section 7.02.120(g) - Failure to Remove Gear at End of

Season is a Class B offense; Section 7.02.120(h) - Placing Gear in Marine Area

Before Season Opening is a Class A offense]

Reaffirmed by Resolution No. 17-100 (July 5, 2017)

7.02.088

Fishery Activities Requiring Artificial Breathing Apparatus

(a) Training/Safety Class Requirement. Any person who wishes to exercise tribal

fishing rights by engaging in a fishery activity requiring artificial breathing

apparatus must pass a Tribally approved training and safety class in

compliance with federal and state law. This requirement applies to both

divers and tenders.

(b) Safety Standards. Any person engaging in a fishery activity which requires

artificial breathing apparatus is required to follow OSHA safety standards. In

addition, any such person shall wear a properly functioning "bailment bottle"

with ten to fifteen minutes of air for use in an emergency situation.

S.T.C. 7.02

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take place without a monitor delegated by the Tribe within harvest area. The

monitor has the authority to shut down the harvesting activity if he or she

determines that a safety risk exists. No marine products may be discarded

from any vessel without the monitor's approval.

(d) Licensing. All persons engaging in fishery activity requiring artificial breathing

apparatus must obtain all licenses and permits required by the Tribe.

[Cross reference: Section 7.02.129 - All Diving Violations are Class A offenses;

Section 7.02.122(a) - Fishing Without Obtaining Identification and Permit is a

Class B offense]

Reaffirmed by Resolution No. 17-100 (July 5, 2017)

CATCH REPORTING AND THE SALE OF FISH

7.02.100

Sale of Fish and Shellfish

(a)..Sales to be Reported on Fish Tickets. All fish, shellfish and other marine

resources caught in commercial fisheries must be recorded on fish tickets.

[Cross reference: Section 7.02.126(n) - Failure to Record Sale of Fish on Fish

Ticket is a Class B Offense]

(b) Fish to be Sold by Fisherman Who Caught Them. A fisherman may only sell

or offer for sale fish, shellfish or marine resources caught by said fisherman,

EXCEPT under the following circumstances:

(1) The fisherman is authorized by the Tribe to sell or offer for sale fish,

shellfish or marine resources owned by the Tribe; or

(2) The fisherman is acting as an agent on behalf of other eligible

fishermen, PROVIDED

(A) The fisherman notifies the Fisheries Manager and Fisheries

Enforcement Office within a reasonable time of the sale or

proposed sale, the location of the sale and the identity of the

buyer;

(B) The sale is properly recorded on fisherman's fish ticket; and

to the Fisheries Manager the names of the fishermen and the

amount of the sale attributed to each of the fishermen.

[Cross reference: Offense - Section 7.02.126(f) - Sale of Another's Fish is a

Class B offense]

S.T.C. 7.02

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marine resources only to approved licensed buyers pursuant to Section

7.02.103.

[Cross reference: Section 7.02.126(l) - Sale to Prohibited Buyers is a Class C

offense]

(d) Sale of Fish Taken with Illegal Gear or Without Valid I.D./Permits Unlawful.

Except as may be provided elsewhere in this Ordinance, no person shall sell,

or offer for sale, any fish, shellfish or marine resources unless taken with

lawful commercial gear in an area specifically opened to commercial fishing

with that gear, and the fisherman has in his or her possession at the time of

sale valid identification and permits as required by this Ordinance.

[Cross reference: Section 7.02.126(i) - Sale of Fish Without Proper Permits,

Cards, Identification and Registration is a Class C offense; Section 7.02.126(j) Sale of Fish Taken Unlawfully is a Class B offense]

(e) Sale of Fish Caught with Unregistered Vessel Unlawful. No person shall sell

fish, shellfish or marine resources caught with any vessel which has not been

registered pursuant to this Ordinance.

[Cross reference: Section 7.02.126(i) - Sale of Fish Without Proper Permits,

Cards, Identification and Registration is a Class C offense]

(f) Sale of Tribal Fish. Any person selling fish, shellfish or marine resources

which are the property of Tribe or Treaty Council shall record the sale of the

fish, shellfish or marine resources using the appropriate card as provided in

Section 7.02.056(c).

[Cross reference: Section 7.02.126(i) - Sale of Fish Without Proper Permits,

Cards, Identification and Registration is a Class C offense; Section 7.02.044(c) Grounds for Dismissal from Employment with Tribe]

(g) Sale of Subsistence Catch Prohibited. No person shall sell fish, shellfish and

other marine resources caught for subsistence and/or recreational purposes.

[Cross reference: Section 7.02.126(k) - Sale of Fish Caught for Subsistence or

Recreational Purposes is a Class B offense]

(h) "Road Sales" Authorized. A limited number of fish, shellfish and other marine

resources caught in a commercial fishery may be sold by the fisherman

directly to individuals for the purpose of personal consumption and not for

resale. The Fish Committee shall recommend and the Tribal council shall

adopt regulations which specify the manner of reporting these sales, the date

by which they must be reported, the limit (number of fish or amount of

shellfish per buyer/per fixed time period) and related regulatory matters.

Road sales of certain species may be prohibited by regulation.

[Cross reference: Section 7.02.121(k) - Violation of Regulations and Permits is a

S.T.C. 7.02

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Class C offense]

Reaffirmed by Resolution No. 17-100 (July 5, 2017)

7.02.101

Completion of Fish Tickets

(a) Identification Card to be Presented to Buyer/Embossed Buyer's Card to be

Used. Each fisherman shall present his Tribal Fishing Identification Card or

other appropriate card as provided in this Ordinance to the buyer each time

he sells fish, shellfish or marine resources. The fisherman selling the fish

and/or shellfish shall require the buyer to use a valid embossed Washington

State fish buyer's card to record the required information for each sale.

[Cross reference: Section 7.02.126(d) - Failure to Present Embossed I.D. Card is

a Class C offense]

(b) Fish Tickets to be Filled out Accurately, Completely. It is the responsibility of

each fisherman at the time of each sale of fish, shellfish or marine resources

to be sure that the fish ticket is filled out completely and accurately. Each fish

ticket shall be signed by the fisherman who caught the fish, shellfish or marine

resources being sold on that ticket, as an acknowledgement that the

information on the ticket is correct; EXCEPT that a fisherman, acting as an

agent for other eligible fishermen pursuant to Section 7.02.100(b) may sign on

behalf of such other eligible fishermen.

[Cross reference: Section 7.02.126(c) - Failure to fill Out Fish Ticket Accurately

and Completely is a Class C offense]

prima facie evidence that the events as recorded on the tickets actually

occurred. Fish tickets which indicate a violation of this Ordinance or

regulations promulgated under it shall in and of themselves constitute

probable cause to believe that a violation has occurred, and shall be

admissible evidence that a violation has occurred. The embossed

appearance of the identification number of a fisherman or his or her signature

on any fish ticket, including unofficial receipts or proofs of sale, shall be

admissible as prima facie evidence that the fisherman caught and sold the

fish reported on the ticket on or about the date of the ticket.

(d) Providing False Information. A person shall not record or provide false

information to be recorded on fish tickets.

[Cross reference: Section 7.02.126(h) - Recording Fish Caught Outside U & A on

a Fish Ticket is a Class A offense]

Reaffirmed by Resolution No. 17-100 (July 5, 2017)

7.02.102

Tax on Fish Sold Commercially

(a) Fish Tax. There shall be a tax, called the Tribal Fish and Shellfish Tax,

S.T.C. 7.02

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imposed on each sale of fish and shellfish by anyone exercising commercial

fishing rights under the authority of this Ordinance. The tax shall be

measured by the gross sale price of each sale of fish or shellfish multiplied by

the rates for fish and shellfish as follows:

(1) Salmon: Five (5) percent

(2) Shellfish: Five (5) percent

(3) Geoduck exception: The tax on geoduck shall be proposed annually

by the Fish Committee and approved by the Tribal Council.

(b) Exemption for Road Sales. Road sales permitted under this Ordinance shall

be exempt from the tribal fish, shellfish and other marine resources tax

requirements of this Ordinance.

shall be deposited in the Tribal Fish Tax account and shall be expended at

the discretion of the Tribal Council.

(d) Power to Increase/Decrease Fish Tax and Levy Additional Taxes. The Tribal

Council retains the power to increase/decrease the fish tax and levy additional

taxes or fees on fish, shellfish, or other marine resources.

(e) Fisherman Liable for Payment of Tax. The tribal fisherman shall be liable for

payment of any fish or shellfish tax owed to the Tribe. The Fisheries Manager,

or his staff, shall regularly compute the amount of tax owed by each tribal

fisherman and shall notify each fisherman in writing of the amount of tax due

from him. If a fisherman fails to make full payment of the amount due within

thirty (30) days from the date of the written notice, he shall be prohibited from

exercising commercial treaty fishing rights and registering any vessel for

commercial fishing until the amount owing is paid in full.

Reaffirmed by Resolution No. 17-100 (July 5, 2017)

7.02.103

Buyer Licensing and Regulating On Reservation Fish Buyers

(a) Authority to Restrict Sales to Licensed Buyers. The Skokomish Indian Tribe

retains the authority to restrict the sale of tribally caught fish, shellfish and

other marine resources to approved licensed buyers. The Fisheries Manager

is hereby authorized to execute Fish Buyer License Agreements on behalf of

the Skokomish Indian Tribe.

(b) Fish Buyer License Agreement. The Fish Buyer License Agreement shall

contain the conditions by which a fish buyer shall be authorized to buy fish,

shellfish and other marine resources from Skokomish fishermen on the

Reservation. These conditions may include, but are not limited to, license

fees, bonding and other conditions established by the Fisheries Manager

upon recommendation of the Skokomish Fish Committee. The Fisheries

S.T.C. 7.02

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Manager will consult with the Fish Committee and the tribal attorney regarding

the requirements for fish buyer licensing.

of Tribal Fish Buyer identification cards to enrolled members of the

Skokomish Indian Tribe who have properly applied for and met the

requirements for a Tribal Fish Buyer identification card, provided that such

individuals must possess a valid Skokomish Commercial Fishing Permit.

Enrolled tribal members shall be exempt from dealer and buyer license fee

requirements.

[Cross reference: Section 7.02.126(m) - Purchase or Sale in Violation of Tribal

Regulations is a Class B offense or a civil infraction]

(d) Power to Regulate. The Tribal Council retains the power to regulate the

numbers and activities of commercial fish buyers within the boundaries of the

Skokomish Reservation.

(e) Recording of Sales Required. All fish and shellfish buyers on the Skokomish

Indian Reservation must record sales of fish, shellfish and other marine

resources on approved fish tickets or shellfish tickets. In recording the sale

the buyer must use an embossed Washington State fish buyer's card and an

embossed fisher's card.

(f) Proof of Legal Possession. Fish and Shellfish buyers on the Skokomish

Indian Reservation may be required to provide proof to Fisheries Enforcement

that the product they have in their possession has been legally obtained.

[Cross reference: Section 7.02.126(n) - Failure to Record Fish Sales is a Class B

offense or a civil infraction]

Reaffirmed by Resolution No. 17-100 (July 5, 2017)

ENFORCEMENT

7.02.110

Fisheries Enforcement Officers

(a) Appointment. The Skokomish Tribal Council hereby:

(1) May enter into an agreement with another Tribe and/or with the Point

No Point Treaty Council whereby the fisheries enforcement officers of

said other tribe and/or the Treaty Council may act as fisheries

enforcement officers for the Skokomish Indian Tribe; and/or

(2) Authorizes the Fisheries Manager to hire fisheries enforcement

officers; and/or

(3) Authorizes the Fisheries Manager to deputize the Tribe's law

enforcement officers to act as fisheries enforcement officers; and/or

S.T.C. 7.02

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(4) Authorizes the Fisheries Manager to deputize additional persons to

assist in the fisheries enforcement officers in the performance of their

duties.

(b) Authority and Duty. The fisheries enforcement officers shall have the

authority to:

(1) Enforce the provisions of this Ordinance and all regulations

promulgated under it;

(2) Enforce all warrants issued by the Tribal Court in fisheries-related

cases; and

(3) Regularly patrol the Skokomish Indian Tribe's usual and accustomed

fishing grounds and stations, the Reservation fishing area, and any

other areas where the Skokomish Indian Tribe exercises fishing and

shellfishing rights.

another tribe, the Treaty Council, or state, federal or county governments

providing for the cross-deputization of fisheries enforcement and/or law

enforcement officers.

Reaffirmed by Resolution No. 17-100 (July 5, 2017)

7.02.111

Complaint or Citation to Tribal Court

(a) Jurisdiction. The Skokomish Tribal Court shall have original jurisdiction over

all actions arising under this Ordinance.

(b) Rules of Court. EXCEPT as otherwise provided in this Ordinance, the Rules

of the Skokomish Tribal Court shall apply to any action brought in Tribal Court

arising under this Ordinance.

regulations promulgated under it shall be served a summons and complaint or

shall be issued a citation in lieu of a summons and complaint, to appear and

answer said charges before the Tribal Court.

(d) Failure to Appear. In the event of the failure of any person to appear in Tribal

Court as required by any charging document accusing the person of

committing any offense under this Ordinance, the Skokomish Tribal Court

shall, in addition to any other sanctions, order the following sanctions:

(1) Contempt of Court, except in the case of a valid bail forfeiture; and

(2) Immediate Suspension of All Fishing Licenses and Permits issued to

the person under this Ordinance for thirty (30) days without additional

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hearing. The Tribal Court shall not reinstate fishing (shellfishing

and/or anadromous) privileges under any circumstances during this

mandatory thirty (30) day suspension. The Fisheries Manager shall

not reinstate nor issue any new license or permit under this Ordinance

to the person until the person appears as required by the Court.

Reaffirmed by Resolution No. 17-100 (July 5, 2017)

7.02.112

Arrest

(a) Authority. Pursuant to the provisions of this section, fisheries enforcement

officers shall have the authority to arrest any person who violates this

Ordinance, or regulations promulgated under it, when:

(1) The offense occurs in the presence of the arresting officer(s); or

(2) The officer has a warrant signed by the Tribal Court commanding the

arrest of such person or knows as a certainty that such a warrant has

been issued, except that an officer may arrest a person without a

warrant when exigent circumstances exist. For purposes of this

section, "exigent" circumstances include:

(A) A real danger to the police or public;

(B) A real danger of evidence being lost; or

(b) Other Detentions.

(1) Investigatory Detentions.

Fisheries enforcement officers may make an investigative stop based on

reasonable suspicion that a person has committed and offense.

(2) Vehicle/Vessel Detentions.

Fisheries enforcement officers may step any vehicle or vessel based on

reasonable suspicion that the conduct of the occupants is in violation of

this Ordinance.

violator shall be advised of the following:

(1) The charges against him;

(2) That he has a right to remain silent;

(3) That anything he says may be used against him in court; and

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(4) That he has a right to be represented by an attorney or spokesperson

at his own expense.

(d) Copy of Warrant Provided. If an arrest is made pursuant to a warrant, the

accused shall be given a copy of the warrant at the time of the arrest or as

soon thereafter as possible.

(e) Citation in Lieu of Arrest. A citation may be issued by a fisheries enforcement

officer, in his discretion, in lieu of keeping that alleged violator in custody or

requiring bail or a bond.

Reaffirmed by Resolution No. 17-100 (July 5, 2017)

7.02.113

Search And Seizure

(a) Authority. To enforce the provisions of this Ordinance and the regulations

adopted under it, fisheries enforcement officers shall have the authority to

search and seize any person or property in compliance with the following

provisions.

(b) Search Warrant Requirement. Except as otherwise provided below, a

fisheries enforcement officer must obtain a valid search warrant before

searching and seizing any fish, shellfish or marine resources, gear, container,

vehicle, boat, tent, camper or searching any place or premises which may

contain evidence of violations of this Ordinance or regulations adopted or

permits issued under it. The Tribal Court shall issue a search warrant and

direct a search and seizure be made in any place wherein it is alleged that

any fish, shellfish or marine resources taken contrary to this Ordinance or

regulations adopted under it is concealed or kept. Such warrants shall be:

(1) Based upon a showing of probable cause by the officer through an

affidavit setting forth sufficient underlying circumstances; and

(2) Issued in compliance with the rules of the Skokomish Tribal Court and

the Skokomish Law and Order Ordinance.

(1) Vehicle/Vessel Search.

(A) Exigent Circumstances.

Due to exigent circumstances, as defined in Section

7.02.112(a)(2), and based on probable cause that a vehicle/vessel

contains evidence of violations of this Ordinance, a fisheries

enforcement officer may conduct a warrantless search of the

vehicle or vessel.

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(B) Inventory Searches.

A fisheries enforcement officer may search impounded vehicles or

vessels without a warrant or probable cause so long as they follow

regular impoundment procedures.

(2) Protective Search.

A fisheries enforcement officer may conduct a protective search, without a

warrant, of persons acting in a suspicious or hostile manner. The sole

purpose of the search shall be to disarm the person for the safety of the

officer and others.

(3) Search Incident to a Lawful Arrest.

A fisheries enforcement officer may conduct a warrantless search of any

person who is lawfully arrested for an alleged violation of this Ordinance

or regulations adopted under it.

(4) Plain View Doctrine.

A fishery enforcement officer may make a warrantless seizure under the

plain view exception when the officer:

(A) Has a prior justification for intrusion on the premises;

(B) Inadvertently discovers evidence of a violation of this

Ordinance;

seizable evidence; and

(D) Can demonstrate some exigency which requires immediate,

warrantless seizure.

(5) Consent.

A fishery enforcement officer may conduct a valid warrantless search

upon a voluntary and intelligent consent to do so.

(6) Hot Pursuit.

A fishery enforcement officer in hot pursuit of a person suspected of

violating this Ordinance may make a warrantless search and seizure and

pursue the suspect into private dwellings.

(d) Seizure Upon Arrest or Citation. Upon arrest or upon issuance of a citation,

the fisheries enforcement officer has the authority to:

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(1) Seize all fish, shellfish and other marine resources or parts thereof

which the officer has reasonable grounds to believe have been illegal

taken or killed by the alleged violator or which have been illegally

bought or sold; and

(2) Seize any gear or other property which the officer has reasonable

grounds to believe has been used in the commission of a violation.

(e) Seizure - Inventory. A fisheries enforcement officer who has seized fish,

shellfish or gear pursuant to this section shall:

(1) Prepare a written inventory of all items seized which shall be signed

by the enforcement officer; and

(2) Provide one (1) copy of the inventory to the alleged violator, if known,

file one (1) copy with the Tribal Court, and file one (1) copy with the

tribal fisheries office.

(f) Seizure - Sale of Seized Fish and Shellfish. The arresting officer shall, as

soon as possible, sell all fish, shellfish and other marine resources seized

from the alleged violator in either of the following manners:

(1) The fish, shellfish and other marine resources shall be sold at the

nearest market at the then prevailing price at the market selected,

provided:

(A) All proceeds from the sale shall be immediately deposited in a

special account for the tribal fisheries office;

(B) The accused shall receive a copy of the fish ticket; and

disposed of pursuant to order of the Tribal Court.

(2) If a fisheries enforcement officer reasonably believes that the sale of

fish and/or shellfish is not feasible, he may return the fish and/or

shellfish to the harvest area, beach area, or otherwise dispose of said

fish and/or shellfish.

(g) Seizure - Shellfish Taken from Closed Beach. Shellfish, which a fisheries

enforcement officer has reason to believe has been taken from a closed

beach or which may be unfit for human consumption, may be returned to the

beach or otherwise disposed of at the officer's discretion.

(h) Seizure - Storage of Seized Property. All items, other than fish, shellfish and

other marine resources, seized pursuant to this section shall as soon as

practicable be brought to the Tribal Fisheries Enforcement Office or other

place designated by the Fisheries Manager for the storage of seized property.

Seized property shall be stored in such a manner as to minimize further

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damage to it and shall be held until disposed of pursuant to order of the Tribal

Court.

(i) Seizure - Return of Seized Property, Proceeds from Sale of Fish. Any person

whose property, other than fish, shellfish or other marine resources which has

been seized under the authority of this Ordinance may apply immediately to

the Tribal Court for release of the property. The Tribal Court may order

immediate return of the property, provided that the proceeds from the sale of

seized fish shall be returned only upon acquittal or dismissal. If fish and/or

shellfish from two or more alleged violators are commingled, each violator

shall be presumed to own an equal percentage.

(j) Forfeiture of Seized Property - Upon Conviction. When a person has been

convicted of violating a provision of this Ordinance or any regulation

promulgated under it, the Tribal Court may order forfeiture of any item seized

in connection with the violation. The convicted person shall be given an

opportunity to present evidence and argument to the Tribal Court regarding

why it would be inequitable to forfeit those items seized.

(k) Forfeiture of Seized Property - Owner Unknown. In all cases where it

appears the owner of gear or other items seized by Fisheries Enforcement

Officers is unknown, the Tribal Court shall have the power to order the

forfeiture of any article(s) seized. The procedure for forfeiture in such cases

shall be as follows:

(1) The Tribal Court, upon application of the Tribe, shall order service of

summons and notice of hearing. Service shall be accomplished by

posting the summons and notice as follows:

(A) If the article(s) were seized within the Skokomish Indian

Tribe's exclusive harvest-use areas, as defined in the Point No

Point Treaty Council Constitution and Off-Reservation

Fisheries Management Compact, a copy of the summons and

notice shall be posted at the Skokomish Fisheries Office at the

Skokomish Tribal Center.

(B) If the articles were seized outside of the Skokomish exclusive

harvest-use areas, a copy of the summons and notice shall be

posted at all tribal fisheries offices and tribal centers in the

Point No Point Treaty area and at the Treaty Council office.

(2) The summons shall describe the article(s) seized and shall set a date

for a hearing on whether or not the item seized should be forfeited.

The hearing shall be held at least thirty (30) days from the date the

article(s) was seized. Notice shall be posted for at least twenty (20)

days prior to the hearing. (The 20 days may run during the 30-day

period.)

(3) An affidavit of the tribal representative that served the summons and

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notice of hearing shall be filed with the Tribal Court. The affidavit shall

state the place and date the summons and notice were posted.

(4) The owner of the article seized shall have the opportunity at the date

and time set in the summons to appear before the Tribal Court and

contest the forfeiture. If no one appears at the hearing to claim any

article, the Tribal Court may enter an order forfeiting the article(s).

(l) Forfeiture - Disposition of Property. In the event the Tribal Court orders

forfeiture of any articles seized by Fisheries Enforcement Officers and/or

proceeds from the sale thereof, said articles and/or proceeds shall be turned over

to the Skokomish Tribal Council for the use and benefit of the Tribe.

(m) Return of Property Not Forfeited. Any item seized by Fisheries Enforcement

Officers or proceeds from the sale thereof which are not forfeited by order of the

Tribal Court shall be returned to the person from whom seized, after the

completion of the case and after the fines, if any, have been paid.

Reaffirmed by Resolution No. 17-100 (July 5, 2017)

OFFENSES

7.02.120

General Fishing Violations

(a) Fishing Outside the Usual and Accustomed Fishing Grounds. Any person

who purports to exercise the treaty fishing rights of the Skokomish Indian

Tribe in any area which is outside the usual and accustomed fishing grounds

of the Skokomish Indian Tribe, who has not been formally invited to do so by

another Tribe, is guilty of a Class A offense.

(b) Fishing in Closed Area. Any person who engages in fishing at any place, at

any time, or for any species not specifically opened by this Ordinance or by

annual or emergency regulations, is guilty of a Class A offense.

[Cross reference: "Fishing" defined Section 7.02.003(b)(17)]

guilty of a Class B offense who:

(1) Conducts or participates in a test fishery that has not been authorized

by the Fisheries Manager or the Treaty Council; or

(2) Who fails to obey all gear, time, area, and reporting requirements of

the test fishery.

(d) Unauthorized Gear/Prohibited Methods. Any person who uses gear, or any

method of disabling or capturing fish, shellfish or marine resources not

permitted in this Ordinance or regulations adopted under it, except as may be

required by biological personnel for the purpose of biological research and

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management, is guilty of a Class B offense.

(e) Vandalism of Fishing Gear. Any person who willfully and without

authorization damages or destroys a fishing net, vessel, or other fishing or

shellfishing gear, not his or her own, is guilty of a Class B offense.

(f) Taking of Fish From Hatcheries and Closed Areas Prohibited. Any person not

under the supervision of Tribal Fisheries personnel who takes, or attempts to

take, or who harasses any salmon species from any tribal, state, federal or

Tribally recognized private hatchery facility or from that part of Area 12C south

of a straight line drawn between the Tacoma City Light Powerhouse to

Nalley's Slough, is guilty of a Class A offense.

(g) Failure to Remove Gear at End of Season. Any person who fails to remove

buoys, anchors and crosslines from a marine area at the end of a harvesting

season is guilty of a Class C offense.

(h) Placing Gear in Marine Area Prior to Season Opening. Any person who

places buoys, anchors and crosslines in a marine area prior to the opening of

a fishing season is guilty of a Class C offense. This provision shall not apply

to dive fisheries (geoduck, sea urchin, sea cucumber, etc.).

(i) Littering Prohibited. Any person who discards or disposes of any litter or other

waste material while engaged in the exercise of treaty fishing rights or on the

way to or form, is guilty of a Class B offense.

(j) Use of Intoxicants Prohibited. Any person who exercises or assists in

exercising treaty fishing rights while in possession of or under the influence of

alcohol or illegal drugs is guilt of a Class A offense.

(k) Wasting. Any person who fails to properly care for captured fish, shellfish or

other marine resources in such a manner that substantial deterioration in

commercial or food value of the fish, shellfish or marine resource results, is

guilty of a Class C offense.

(n) Non-Member Fishing Without Authorization. Any non-member (including a

non-member spouse) who fishes or who assists in any treaty fishing activity,

when not expressly authorized to do so by this Ordinance, has committed a

civil infraction. Upon finding that the person committed the infraction, the

Court shall impose a civil fine not less than $250.00 and not to exceed

$5,000.00. The fine is intended to compensate the community for

unauthorized use of its resources.

Reaffirmed by Resolution No. 17-100 (July 5, 2017)

7.02.121

Fisheries Enforcement - Related Violations

(a) Fishing While Privilege is Revoked or Suspended. Any person who

participates in a commercial fishing or shellfishing activity or sells fish,

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shellfish or marine resources while his or her fishing privilege is suspended or

revoked or during a time when the Court has ordered a loss of fishing days is

guilty of a Class A offense. Subsistence fishing or shellfishing shall not be

subject to suspension or revocation.

(b) Assault Any person who uses or threatens to use force or violence against a

Fisheries Enforcement Officer or any other person is guilty of a Class A

offense.

or who flees from a Fisheries Enforcement Officer is guilty of a Class B

offense.

(d) Eluding. Any person who fails to or refuses to stop a vessel or vehicle after

being given a visible or audible signal by a Fisheries Enforcement Officer is

guilty of a Class B offense.

(e) Escape. Any person who escapes, attempts escape, or assists another to

escape from lawful custody for any fishing-related or shellfishing-related

offense is guilty of a Class B offense.

(f) Obstruction. Any person who willfully interferes with or obstructs any Fisheries

Enforcement Officer engaged in the lawful performance of his or her duties is

guilty of a Class C Offense.

(g) Interference with Fisheries Management Personnel. Any person who willfully

interferes with or prevents fisheries management personnel of the Tribe, the

Treaty Council, or state or federal agencies, from carrying out their

professional management duties is guilty of a Class C offense.

(h) Giving False Information to an Officer. Any person who knowingly gives false

information to a Fisheries Enforcement Officer is guilty of a Class B offense.

(i) Failure to Assist an Officer. Any person who fails to respond to a request for

assistance by any Fisheries Enforcement Officer is guilty of a Class D

offense.

(j) Failure to Appear/Respond. Any person who fails to appear and respond to

Tribal Court as required by a civil or criminal citation, summons, subpoena or

notice of hearing issued under this Ordinance is guilty of a Class D offense

or a civil violation subject to a fine not to exceed $100.

(k) Violations of Regulations and Permits. Any person is guilty of a Class C

offense who fails to comply with:

(1) Any provision of this Ordinance;

(2) Any Skokomish fishing or shellfishing regulation; or

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(3) The terms or conditions stated on any fishing or shellfishing permit;

When such failure has not been specifically designated as an offense under this

Ordinance or which does not carry with it a specific penalty.

(l) Habitual Offender.

Any person who is convicted of three (3) violations of this Ordinance within a two

(2) year period is guilty of a Class B offense. Class D violations shall not be

considered in determining whether a person is a habitual offender.

Reaffirmed by Resolution No. 17-100 (July 5, 2017)

7.02.122

Identification, Permit and Vessel Registration Violations

(a) Fishing Without Obtaining Identification and Permit. Any person who

exercises or purports to exercise any treaty fishing or shellfishing right without

first obtaining valid and current tribal identification and permits, as required in

this Ordinance and applicable regulations, is guilty of a Class B offense.

(b) Fishing Without Identification and Permits in Possession. Any person who

exercises or purports to exercise any treaty fishing or shellfishing right or

engages in the sale of fish, shellfish or marine resources without having in his

or her possession valid and current tribal identification and permits as

required in this Ordinance and applicable regulations, is guilty of a Class D

offense.

Any person who fails to produce for examination his or her identification and

permits required by this Ordinance or regulations, upon demand by any tribal,

state or federal law enforcement officer, is guilty of a Class D offense.

(d) Unauthorized Transfer of Permit or Identification Prohibited. Any person who

transfers any permit or identification issued to him or her under this Ordinance

to another person for the purpose of allowing the transferee to engage in a

treaty fishery is guilty of a Class B offense.

(e) Vessel Registration Requirements - Failure to Comply. Any person who fails

to comply with any vessel registration requirement under Section 7.02.071 of

this Ordinance or applicable regulations is guilty of a Class C offense.

(f) Transfer of Vessel Permit Prohibited. Any person who transfers the vessel or

affixes the annual registration sticker to any vessel other than the one for

which the sticker was issued is guilty of a Class B offense.

Reaffirmed by Resolution No. 17-100 (July 5, 2017)

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7.02.123

Fishing Vessel and Gear Ownership Violations

(a) Purse Seiners Prohibited. Any person who exercised treaty fishing rights of

the Skokomish Indian Tribe as an owner or operator of a purse seine vessel

is guilty of a Class A offense.

(b) Rental or Lease of Fishing Gear Prohibited. Except as otherwise provided in

this Ordinance, any person is guilty of a Class A offense who:

(1) Uses or possesses any rented or leased fishing gear from a non-tribal

member while exercising treaty fishing rights; or

(2) Rents or leases his or her gear to a non-tribal member.

Percentage-of-Catch Agreement. Any person who fishes from a vessel that is

subject to a lease, a lease purchase agreement or a percentage-of-catch

agreement is guilty of a Class A offense.

(d) Commercial Use of Vessel by Unauthorized Person. Any person who allows

a tribally registered vessel to be commercially fished by a person not

authorized to do so under this Ordinance is guilty of a Class A offense.

(e) Exercising Treaty Fishing Rights on Vessel not Owned by the Tribe or Tribal

Member. Any person who engages in any treaty fishing activity from a vessel

that is not either wholly owned by the fisherman, a member of the Skokomish

Indian Tribe, or the Treaty Council, or is in the fisherman's custody pursuant

to a legally binding purchase contract, as approved under Section 7.02.070(c)

is guilty of a Class B offense. This prohibition shall not apply to:

(1) A test fishery conducted under this Ordinance; or

(2) A Skokomish member who is an assistant on a non-member's fishing

vessel as authorized under this Ordinance.

(f) Giving False Information to Obtain Purchase Contract. Any person who

provides false information in order to obtain approval of a purchase contract

of a fishing vessel is guilty of a Class C offense.

Reaffirmed by Resolution No. 17-100 (July 5, 2017)

7.02.124

Fishing Assistant Violations

(a) Allowing Non-Members to Participate or Assist in Tribal Fishing. Any member

of the Skokomish Indian Tribe who allows any non-member, not expressly

authorized by this Ordinance, to exercise or assist in the exercise of any tribal

fishing activity is guilty of Class A offense.

(b) Allowing Non-Members to be Aboard Vessel While Fishing. Any member of

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the Skokomish Indian Tribe who allows any non-member, not otherwise

authorized pursuant to this Ordinance, to be present aboard any fishing

vessel being used in the exercise of treaty fishing (including shellfishing)

rights of the Skokomish Indian Tribe is guilty of a Class B offense.

Skokomish Indian Tribe who is employed as an assistant on a fishing vessel

owned, operated and/or licensed by a member of another PNPTC Tribe who

possesses treaty fishing rights pursuant to U.S. v. Washington is guilty of a

Class B offense if:

(1) The owner/operator is not aboard the vessel while it is being fished; or

(2) The vessel is being fished outside the usual and accustomed fishing

area of both the Skokomish Indian Tribe and the owner/operator's

tribe.

Reaffirmed by Resolution No. 17-100 (July 5, 2017)

7.02.125

Minors - Violations

(a) Minors to be Accompanied by Adult - Exceptions. Any minor who exercises

treaty fishing rights for commercial purposes unaccompanied by an adult

member of the Tribe is guilty of a Class D offense. This prohibition does not

apply to:

(1) A minor determined to be a head of household by the Fish Committee

determined prior to the minor fishing; or

(2) A minor who has been exempted from this section by the Fish

Committee prior to the minor fishing due to extreme hardship.

(b) Minors - Time of Day Restrictions. Any minor who exercises treaty fishing

rights in violation of Section 7.02.042(c) is guilty of a Class D offense. This

prohibition does not apply to:

(1) A minor whose parents have signed a consent form allowing the

minor to fish, shellfish, or harvest marine resources during the

restricted time;

(2) A minor determined to be head of household by the Fish Committee

determined prior to the minor fishing; or

(3) A minor who has been exempted from Section 7.02.042(a)(3) by the

Fish Committee prior to the minor fishing due to extreme hardship; or

(4) A minor who has graduated from high school.

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guardian of a minor who allows that minor to fish in violation of this Ordinance

is guilty of a Class D offense.

Reaffirmed by Resolution No. 17-100 (July 5, 2017)

7.02.126

Fish Ticket, Catch Reporting and Sale of Fish Violations

(a) Failure to Record Sale of Fish on Fish Ticket. Any person who sells or offers

for sale fish, shellfish or marine resources not recorded on his or her fish

ticket is guilty of a Class B offense.

(b) Providing False Information on Fish Ticket. Any person who knowingly allows

false information to be recorded on a fish ticket is guilty of a Class B offense.

signature on a fish ticket constitutes an affirmation that the information on the

fish ticket is correct. Any person is guilty of a Class C offense who:

(1) Fails to fill out his or her fish ticket completely and accurately and sign

his or her fish ticket; or

(2) Allows another to fill out his or her fish ticket with incomplete or

inaccurate information.

(d) Failure to Present Embossed ID Card. Any person is guilty of a Class C

offense who:

(1) Fails to present to the buyer at the time of sale of fish, shellfish or

marine resources his or her embossed Tribal Fishing Identification

Card or other embossed card required by this Ordinance or

regulations; or

(2) Allows his or her fish ticket to be filled out without the imprint from the

buyer's valid, embossed Washington State fish buyer's card or fish

buyer's card required by the Tribe.

(e) Failure to Fill Out and Return Subsistence/Catch Cards. Any person who

engages in subsistence or recreational fishing or shellfishing activity and fails

to fill out and return a Subsistence/Catch Reporting Card or harvest log to the

Tribal Fisheries Department as required by Section 7.02.052(b) is guilty of a

Class D offense.

(f) Sale of Another's Fish - Prohibited. Any person who sells or offers for sale

fish, shellfish or marine resources caught by another, unless expressly

authorized by the Ordinance or fishing/shellfishing regulations, is guilty of a

Class B offense. This provision shall not apply to a fisherman acting as an

agent on behalf of other eligible fishermen pursuant to Section 7.02.100(b)(2).

(g) Members Selling Fish While on Non-Member Fishing Vessels Prohibited.

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Any member of the Skokomish Indian Tribe who is employed as an assistant

aboard a non-member's fishing vessel who uses any cards or permits issued

by the Tribe or Treaty Council to sell any fish, shellfish or marine resources

caught by that vessel, or allows the sale of any fish, shellfish or marine

resources caught by that vessel to be recorded as caught by a member of the

Skokomish Indian Tribe, is guilty of a Class A offense.

(h) Recording Fish Caught Outside the U. and A. on a Fish Ticket. Unless

authorized by this Ordinance, regulations adopted under it, or agreements

entered pursuant to it, any person who allows fish, shellfish or marine

resources to be recorded on a fish ticket as caught by a member of the Tribe,

when the fish, shellfish or marine resources have been caught outside of the

usual and accustomed fishing grounds of the Skokomish Indian Tribe is guilty

of a Class A offense.

(i) Sale of Fish Without Proper Permits, Cards, Identification and Registration.

Any person is guilty of a Class C offense who shall sell or offer for sale any

fish, shellfish or marine resources:

(1) Without the proper, valid identification and permits as required by this

Ordinance; or

(2) Caught in a test fishery and not recorded on a test fishery card; or

(3) Which are the property of the Tribe or Treaty Council, without properly

recording the sale using the proper card under Section 7.02.056(c) of

this Ordinance; or

(4) Caught with any vessel which has not been registered in compliance

with this Ordinance.

(j) Sale of Fish Taken Unlawfully. Any person who shall sell or offer for sale any

fish, shellfish or marine resources taken with commercial gear in an area not

specifically opened to commercial fishing with that gear is guilty of a Class B

offense.

(k) Sale of Fish Caught for Subsistence or Recreational Purposes. Any person

who shall sell or offer for sale any fish, shellfish or marine resources caught

for subsistence or recreational purposes is guilty of a Class B offense.

(l) Sale to Prohibited Buyers. Any person who sells fish, shellfish or marine

resources to any buyer who has been prohibited from buying fish from tribal

members is guilty of a Class C offense.

(m) Purchase in Violation of Tribal Regulation. Any person who buys fish,

shellfish or other marine resources contrary to Tribal regulations restricting

the sale of tribally caught fish to approved licensed buyers or contrary to the

conditions by which a fish buyer shall be authorized to buy from tribal

fishermen is guilty of a Class B offense or a civil violation subject to fine

S.T.C. 7.02

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not to exceed $1000.

(n) Failure to Record Fish Sales. Any person who buys fish, shellfish or other

marine resources on the Skokomish Reservation and fails to record such

sales as required by Section 7.02.103(e) of this Ordinance is guilty of a Class

B offense or a civil violation subject to a fine not to exceed $1000.

Reaffirmed by Resolution No. 17-100 (July 5, 2017)

7.02.127

Net Violations

(a) Marine Drift Net Violations

(1) Violation of Net Length Limits. Any person who fishes more than 330

fathoms of a marine drift gillnet in any area is guilty of a Class B

offense. "Fishes," for purposes of this section only, does not include

any portion of the net or parts of nets joined together which are not

actually in the water.

(2) Buoy and Net Identification Requirements. Any person is guilty of a

Class C offense who fishes with a marine drift gillnet without a buoy

attached which:

(A) Is conspicuously marked with the Tribal Identification card

number of the fisherman operating the gear;

(B) Is marked in such a way that a fisherman and the tribal

affiliation can be identified without removing the gear from the

water;

bottles or other containers;

(D) Has weighted buoy line to keep it from floating; and

(E) Meets all other requirements set by regulation.

(3) Unattended Nets. Any person who leaves his or her marine drift

gillnet unattended is guilty of a Class C offense.

(4) Failure to Properly Light Drift Nets. Any person fishing after dusk who

fails to keep lighting on his or her boat and at the end of the drift net

furthest from the boat is guilty of a Class C offense.

(b) Marine Set Net Violations.

(1) Net Identification Requirements. Any person is guilty of a Class C

offense who fishes with a marine set net that is not:

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(A) Conspicuously marked at the outermost (seaward) and

innermost ends with the Tribal Identification Card number of the

fisherman operating the gear; and

(B) Marked in such a way that the fisherman and the tribal

affiliation can be identified without removing the gear from the

water.

(2) Marine Set Nets to be Tended Daily. Any person who fails to tend his

marine set net and remove all fish captured in the net at least once in

every twenty-four hour (24 hr.) period is guilty of a Class C offense.

(3) Failure to Properly Light Marine Set Nets. Any person who fails to

maintain working lights on any marine set nets left by the fisherman in

marine waters after dusk has committed a Class C offense.

(4) Failure to Remove Nets Upon Closure. Any person who, upon

closure of a fishing area, fails to completely remove all nets and parts

of nets, buoys, anchors and crosslines, regardless of the condition of

the gear, is guilty of a Class C offense.

(1) Nets Not to Block River. Any person who allows a set net to extend

across or block, by any means, more than one third of the portion of

the river which is navigable by salmon is guilty of a Class B offense.

(2) Nets to be Attended. Any person who fails to tend his or her river

gillnet and remove all fish captured in the net at least once in every

twenty-four hour (24 hr.) period is guilty of a Class C offense.

(3) Nets to be Spaced 250 Feet Apart. Any person who sets or allows

any part of any river gillnet to drift closer than 250 feet to any other

gillnet is guilty of a Class D offense.

(4) Net Identification Requirements. Any person is guilty of a Class C

offense who fishes with a river gillnet that is not:

(A) Conspicuously marked at the outermost and innermost ends

with the Tribal Identification Card number of the fisherman

operating the net; and

(B) Marked in such a way that the fisherman and the tribal

affiliation can be identified without removing the net from the

water.

(d) General Net Violations.

(1) Attaching Nets to Tribal Structures Prohibited. Any person who

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attaches a net to the Tribe's pier, salmon pens or other aquaculture

project-related structure without authorization of the Fisheries

Manager, is guilty of a Class D offense.

(2) Violation of Special On-Reservation Net Fishing Regulations. Any

person who violates any regulation for on-Reservation net fishing is

guilty of a Class C offense.

Reaffirmed by Resolution No. 17-100 (July 5, 2017)

7.02.128

Shellfish Violations

(a) Buoy and Net Identification Requirements. Any person is guilty of a Class C

offense who fishes with, or sets a shellfish pot for fishing and fails to attach a

buoy to the port as follows:

(1) Conspicuously marks the buoy with the Tribal Identification Card

number of the fisherman operating the gear;

(2) Marks the buoy in such a way that the fisherman and the tribal

affiliation can be identified without removing the gear from the water;

(3) Constructs the buoy of durable material excluding plastic or metal

bottles or other containers; and

(4) Has a weighted buoy line to keep it from floating.

(b) Shellfish Harvesting Gear Prohibitions. Any person who harvests shellfish,

not including crab and shrimp, using any gear other than hand held gear,

unless authorized by this Ordinance or by regulation is guilty of a class C

offense.

place, at any time, or for any species not specifically opened by this

Ordinance or by annual emergency regulations is guilty of a Class A offense.

(d) Shellfish From Polluted Beach - Prohibitions. Any person is guilty of a Class

A offense who:

(1) Takes shellfish from a polluted beach;

(2) Transfers, transports, offers for sale, or sells shellfish from a polluted

beach; or

(3) Attempts any conduct prohibited under this section.

(e) Exception. This section shall not apply to the relay of shellfish from a polluted

beach to a clean beach when authorized by the Fisheries Manager.

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Reaffirmed by Resolution No. 17-100 (July 5, 2017)

7.02.129

Diving Violations

(a) Diving Without Training and Safety Class. Any person who engages in a

treaty fishing activity requiring artificial breathing apparatus without passing a

tribally approved training and safety class is guilty of a Class A offense.

(b) Failure to Follow Safety Standards. Any person who fails to follow OSHA

safety standards while engaging in a fishery activity requiring artificial

breathing apparatus is guilty of a Class B offense.

requiring artificial breathing apparatus without a tribally approved monitor in

the harvest area, or who fails to follow the instructions of a monitor in the

harvest area, is guilty of a Class A offense.

Reaffirmed by Resolution No. 17-100 (July 5, 2017)

SENTENCING GUIDELINES

7.02.140

Classification of Offenses for Sentencing and Bail

The following are the ranges of fines for each class of offense:

Class D

Class C

Class B

Class A

$25-$100

$100-$250

$250-$1,000

$500-$5,000

Reaffirmed by Resolution No. 17-100 (July 5, 2017)

7.02.141

Sentencing Guidelines

Any person who has been convicted by the Tribal Court of violating any provision of this

Ordinance or any regulation adopted under it shall be sentenced to one or more of the

penalties described in this section.

(a) Sentencing Factors. When considering the propriety of the sentence to be

imposed, the Tribal Court shall specifically consider the following:

(1) Whether the offense involved a conservation threat to the fishery

resource; and

(2) Whether the convicted person has any prior fishery convictions; and

(3) Whether the offense constitutes a threat to the Skokomish Indian

Tribe's certification status.

(b) Impact on the Resource and Certification Status. Violations which have a

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significant impact on the resource and the certification status of the Tribe are

more serious than other offenses and shall be punished accordingly. The

classification of offenses reflects the relative seriousness of a particular

offense. If the Tribal Court is in doubt as to whether a particular violation

significantly impacts the fishery resource or the certification status of the

Tribe, the Tribal Court may request further information from the Fisheries

Manager and/or biologist as to the seriousness of the threat.

Reaffirmed by Resolution No. 17-100 (July 5, 2017)

7.02.142

Penalties - First Violation, Community Service

(a) Minimum Penalty. The minimum penalty for a first violation of this Ordinance

or regulations adopted under it shall be a fine equal to the amount of the

lowest dollar amount within the range set for the class of offense, except that

a fine assessed under this chapter may be suspended upon such conditions

as the Court may order.

(b) Substitution of Community Service. Community service may be substituted

for the amount of bail, up to a maximum of $150, provided:

(1) The violation is a Class C or Class D offense; and

(2) The order for community service hours shall be issued only upon

recommendation of the Tribe, through its spokesperson, to the Court;

and

(3) Each hour of community service shall only reduce the fine by the

amount of the federal minimum wage (rounded to the nearest dollar

amount) at the time of sentencing.

Reaffirmed by Resolution No. 17-100 (July 5, 2017)

7.02.143

Penalties - Second and Subsequent Violations

(a) Repeat/Habitual Offenders - Combination of Penalties. For the second and

subsequent violations of this Ordinance or regulations adopted under it, a

person shall receive more than the minimum penalty established for that class

of offense. In such cases the Court shall impose one or a combination of the

following penalties:

(1) A mandatory minimum fine in an amount greater than the lowest dollar

amount within the range set for that class of offense;

(2) Forfeiture of all property, including fish, shellfish and other marine

resources, seized pursuant to a lawful arrest or issuance of a citation;

(3) Suspension or revocation of some or all privileges and/or licenses or

permits granted by the Tribe; and/or

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(4) Imprisonment for a period of time not to exceed one (1) year.

(b) Violation not Counted After Five Years. When computing "second and

subsequent violations" of this Ordinance or when considering prior

convictions for sentencing, a violation shall not be counted after five (5) years

from the date of conviction.

Reaffirmed by Resolution No. 17-100 (July 5, 2017)

7.02.144

Bail

(a) Amount of Bail. The amount of bail required to secure release from custody

shall be equal to the highest dollar amount within the range set for the class of

offense for which the person was arrested. Bail for a Class A offense is

$5,000; Class B is $1,000; Class C is $250; and Class D is $100.

(b) Forfeiture of Bail in Lieu of Court Appearance - Conditions. The first time a

person is cited for allegedly violating this Ordinance or a regulation

promulgated under it, the person may forfeit bail instead of appearing in court

to defend the charge if the violation is a Class C or Class D offense. The

amount of money required to forfeit bail in lieu of a court appearance shall be

equal to the highest dollar amount within the range set for the class of offense

for which the person was cited. Appearance in court is mandatory for Class A

and Class B offenses.

as a guilty plea and shall have the same effect as a conviction.

Reaffirmed by Resolution No. 17-100 (July 5, 2017)

ADMINISTRATIVE APPEALS PROCEDURE

7.02.150

Appeal from Decision of Fisheries Manager and Fish Committee

(a) Written Notice of Complaint. Any person who is aggrieved by an

administrative decision of the Fisheries Manager or the Fish Committee may

file a "Notice of Complaint" as follows:

(1) The Notice of Complaint shall be in writing, dated and signed by the

aggrieved party;

(2) The Notice of Complaint shall include a concise statement of the facts

and relief requested; and

(3) A copy of the Notice of Complaint shall be given to the Fisheries

Manager and to the Fish Committee.

(b) Fish Committee Hearing and Final Determination. Within five (5) working

days of receipt of the Notice of Complaint, the Fisheries Manager shall set a

date for hearing before the Fish Committee:

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(1) A hearing shall be held within 30 days of receipt of the Notice of

Complaint;

(2) At the hearing, the aggrieved party shall be given the opportunity to

present any testimony, documents or other evidence to support the

complaint;

(3) At the end of the hearing, the Fish Committee shall adjourn the

hearing and shall meet in closed session to render a final

determination;

(4) The Fish Committee may inform the aggrieved party of its final

determination when it comes out of closed session, and shall inform

the aggrieved party of its final determination in writing within five (5)

working days of the hearing.

Reaffirmed by Resolution No. 17-100 (July 5, 2017)

7.02.151

Appeal from Final Determination of Fish Committee to Tribal Council

(a) Written Notice of Appeal. Any person who is aggrieved by a final

determination of the Fish Committee pursuant to Section 7.02.150(b) above,

may appeal the administrative decision to the Tribal Council by filing a "Notice

of Appeal" as follows:

(1) The Notice of Appeal shall be in writing, dated and signed by the

aggrieved party;

(2) The aggrieved party shall attach to the Notice of Appeal, copies of the

original Notice of Complaint and supporting documentation presented

at the Fish Committee hearing;

(3) The aggrieved party shall file the Notice of Appeal with attachments

with the Secretary of the Tribal Council and shall be added to the

agenda of a regular Tribal Council meeting within thirty (30) days of

receipt of the Notice of Appeal; and

(4) Upon the filing of the Notice of Appeal, the Fisheries Manager shall

provide any record of the hearing to the Tribal Council.

(b) Tribal Council Meeting and Final Decision.

(1) The Fisheries Manager, and/or a designated member of the Fish

Committee, shall attend the Tribal Council meeting at which the

appeal is to be heard;

(2) The appeal shall be heard in open session of the Tribal Council

meeting, unless the Tribal Council determines otherwise;

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(3) The aggrieved party shall be given the opportunity to explain the basis

for his appeal from the administrative decision of the Fisheries

Manager and/or the Fish Committee;

(4) The Tribal Council may adjourn into closed session to render a final

decision on the matter;

(5) The Tribal Council may consider the entire record de novo;

(6) The Tribal Council may announce its final decision when it comes out

of closed session, or shall inform the aggrieved party of its final

decision in writing within five (5) working days of the meeting; and

(7) The decision of the Tribal Council regarding administrative action is

final and cannot be appealed to any other forum.

Reaffirmed by Resolution No. 17-100 (July 5, 2017)

Legislative History prior to July 5, 2017

+Amended by Resolution No. 78-22 (August 5, 1978) (original 1977 ordinance not on

record)

+Repealed and Repealed with New Ordinance by Resolution No. 79-32 (June 6, 1979)

Amended by Resolution No. 79-40 (July 16, 1979)

+Amended by Resolution No. 79-55 (October 8, 1979)

Amended by Resolution No. 79-56 (October 8, 1979)

Amended by Resolution No. 80-24 (June 25, 1980)

Amended by Resolution No. 82-38 (August 27, 1982)

Amended by Resolution No. 83-39 (August 27, 1982)

Amended by Resolution No. 82-43 (September 3, 1982)

Amended by Resolution No. 82-44 (September 17, 1982)

Amended by Resolution No. 82-50 (December 17, 1982)

Amended by Resolution No. 83-30 (July 12, 1983)

+Amended by Resolution No. 83-41(A) (September 8, 1983)

Amended by Resolution No. 88-44 (August 4, 1988)

Amended by Resolution No. 89-62 (November 15, 1989)

Amended by Resolution No. 90-38 (June 6, 1990)

+“Current and Accurate” Ordinance adopted by Resolution No. 90-51 (July 25, 1990)

Amended by Resolution No. 93-29(A) (April 14, 1993)

Amended by Resolution No. 95-86 (August 18, 1995)

+Revised and Adopted by Resolution No. 97-015 (February 26, 1997)

Amended by Resolution No. 97-080(A) (November 19, 1997)

Amended by Resolution No. 98-049 (June 17, 1998)

Amended by Resolution No. 98-069 (August 26, 1998)

Amended by Resolution No. 09-025 (February 4, 2009)

Amended by Resolution No. 17-037 (March 1, 2017)

Reaffirmed by Resolution No. 17-100 (July 5, 2017)

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+Ordinance and/or amendments not attached to the resolution in the Skokomish Tribal