TITLE 14. FISHING AND HUNTING

Tribal code

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Text

Chapters:

14.1

14.3

14.4

Fishing

Hunting

Port Usage for Tribal Fishers

Chapter 14.1

FISHING

Sections:

General Provisions

14.1.1

Title.

14.1.2

Policies.

14.1.3

Jurisdiction.

14.1.4

Definitions.

14.1.5

Fisheries Director.

14.1.6

In-season Regulations.

14.1.7

Annual Regulations.

14.1.8

Resource Committees; Fish & Wildlife Committee.

14.1.9

Intergovernmental Agreements.

14.1.10

General Closure.

14.1.11

State Law Not Applicable.

14.1.12

Monitoring by Federal and State Agencies.

14.1.13

Shellfish Sanitation.

Eligible Fishers

14.1.14

Eligibility of Tribal Members to Exercise Treaty Rights.

14.1.15

Identification Required.

14.1.16

Eligible Fishers: Enrolled Members.

14.1.17

Eligible Fishers: Spouses.

14.1.18

Eligible Fishers: Minors.

14.1.19

Temporary Suspension of Treaty Privileges by Fisheries Director.

14.1.20

Suspension of Treaty Privileges by Tribal Council.

14.1.21

Biological Personnel.

14.1.22

Observers/Technical Advisors.

14.1.23

Test Fishing.

14.1.24

Payment of All Taxes and Fees Required.

14.1.25

Reporting of Catch — Fish Tickets.

Fishing Boats and Gear

14.1.26

Regulation of Fishing Fleet — Policy Considerations.

14.1.27

Boating Safety — Legal Firearms.

14.1.28

Manner of Fishing — Legal Gear.

14.1.29

Registration/Identification of Fishing Boats/Gear.

14.1.30

Boat Purchase Contract.

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Harvest

14.1.31

Sale of Fish.

14.1.32

Protection of Spawning Areas.

14.1.33

Dealer/Buyer Licensing.

14.1.34

Authorization of Dealers or Buyers Not Subject to §14.1.33.

14.1.35

Fish Illegally Harvested.

14.1.36

Purchase of Illegal Fish.

14.1.37

Sale of Subsistence or Ceremonial Fish.

14.1.38

Wasteful Practices Prohibited.

14.1.39

Unattended Gear.

14.1.40

Fishing After Closing Time.

14.1.41

Fishing Before Area Opening.

14.1.42

Fishing Out of Area.

14.1.43

Loaning Gear to Suspended Fisher.

Public Safety and Welfare

14.1.44

Safe and Courteous Conduct.

14.1.45

Unlawful Interference with Access.

14.1.46

Interference with Another Fisher’s Gear.

14.1.47

Corking Another Fisher’s Net.

14.1.48

Use of Intoxicants.

Enforcement

14.1.49

Fisheries Patrol Officers.

14.1.50

Nature of Violations.

14.1.51

Criminal Citation.

14.1.52

Civil Citation.

14.1.53

Mandatory Court Appearance.

14.1.54

Resolution without Court Appearance.

14.1.55

Mitigation Hearing.

14.1.56

Hearing to Contest Charge.

14.1.57

Failure to Appear for Hearing or Deny Liability.

14.1.58

No Right to Appointed Counsel.

14.1.59

No Right to Jury Trial for Civil Offense.

14.1.60

Search and Seizure.

14.1.61

Return of Property.

14.1.62

Forfeiture Procedure.

14.1.63

Disposition of Property Forfeited.

14.1.64

Conviction as Bar.

14.1.65

Construction.

14.1.66

Severability.

Violation — Penalties

14.1.67

Classes of Offenses.

14.1.68

Prohibited Acts.

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GENERAL PROVISIONS

14.1.1. Title. This chapter and any accompanying regulations are known as the

“Suquamish Fishing Ordinance.” (Res. 2003-104 (part), passed Aug. 11, 2003)

14.1.2. Policies. It is the Suquamish Indian Tribe’s policy to preserve, protect, and

perpetuate the fish resources within its jurisdiction. To the extent that such resources

are to be taken, such harvest will be primarily for the purpose of providing food and

income for Suquamish Indian families and only secondarily for sport or recreation.

Nothing herein is a relinquishment, abrogation, or abridgement of any Suquamish treaty

right. (Res. 2003-104 (part), passed Aug. 11, 2003)

14.1.3. Jurisdiction. The Suquamish Tribal Court has jurisdiction over all actions

arising under this chapter pursuant to Suquamish Tribal Code Chapter 3.2. (Res. 2003104 (part), passed Aug. 11, 2003)

14.1.4. Definitions. Unless another meaning is specified or required by context, the

following terms when used in this chapter and accompanying regulations have the

following meanings.

(a) “Abandoned gear” means any fishing gear which has been discarded or left

unattended for greater than seventy-two (72) hours on any property or in any waters in

which no arrangement for the storage of fishing gear exists.

(b) “Assisting” means any act that helps another to fish, as defined in §14.1.4(q).

possessed by any person, specified and fixed by this chapter or any regulation of the

Tribal Council for any particular period of time, or so specified and fixed as to size, sex,

or species.

(d) “Banks” means, with reference to any body of water, the land lying at

elevations between the bed of such water and the upper vegetation line of marine

waters or mean high water of other waters.

(e) “Beach seine (drag seine)” means fishing gear consisting of a lead line, cork

line, auxiliary lines, and a mesh net webbing fashioned in such a manner that it can be

used to encircle fish in waters adjacent to any beach, with the catch landed directly on

the beach.

(f) “Biological personnel” means professionally trained biological and/or fisheries

technicians who are employed by or are working with the Tribe and whose duties

include advising on the management and/or enhancement of the tribal fishery.

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(g) “Bivalve molluscan shellfish” means the following species: native little neck,

manila, butter, horseneck, and geoduck clams; cockles; and pacific and Olympia

oysters.

(h) “Buyer” means a person who receives treaty harvested fish for resale on

behalf of a dealer.

(i) “Ceremonial fishing” means the taking of fish for use in traditional tribal

ceremonies and/or for religious purposes. Only enrolled members of the Suquamish

Indian Tribe may exercise ceremonial fishing rights.

(j) “Closed areas” means any lake, river, stream, or body of water; the beds,

banks, and tidelands of any body of water; or any part thereof on or off the reservation

described or designated by this chapter or regulation wherein it is unlawful to fish.

(k) “Closed season” means all of the time during the entire calendar year

excepting the “open season” as specified by this chapter or regulation.

(l) “Commercial fishing” means the harvesting of fish with the intent to sell them.

Only fish caught in accordance with commercial fishing regulations may be sold.

(m) “Dealer” means a person who receives treaty harvested fish for resale.

(n) “Depth of net” means the total distance between cork and lead lines

measured perpendicular to either cork or lead line.

(o) “Drift net (pole net)” gear is a gill net which is not staked, anchored, or

weighted so that it may drift free.

(p) “Fin fish” includes but is not limited to the genera Salmo and Oncorhynchus of

the family Salmonidae and the genus Clupea of the family Clupeidae, including

specifically the following:

(1) Pacific herring;

(2) Chinook, also called spring, king, tyee, or black mouth;

(3) Coho, also called silver salmon;

(4) Pink, also called humpback;

(5) Chum, also called dog or fall salmon;

(6) Sockeye, also called red or blue back;

(7) Steelhead;

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(8) Cutthroat trout;

(9) Dolly Varden; and

(10) Atlantic salmon.

(q) “Fish” used as an adjective or verb and its derivatives, “fishing,” “fished,” etc.,

means any effort made to harvest, capture, or gather fish (both fin fish and shellfish, as

defined below in 14.1.4(r)).

(r) “Fish” when used as a noun, unless a provision is expressly referring to a

specific species or category of fish or shellfish, is intended to be interpreted broadly to

mean all species of fish or shellfish, including all marine invertebrates, or any fish

products therefrom.

(s) “Fish ticket” or “Treaty Indian fish receiving ticket” means an eight-and-onehalf by eleven inch (8.5” x 11”) multicopy accounting form required to be filled out by

tribal fishers and all state or tribally licensed dealers or buyers upon the treaty harvest

(commercial, ceremonial, or subsistence) of fish. Fish tickets are available at the

Suquamish Fisheries Office.

(t) “Fisheries Director” means the person selected by the Tribal Council to

administer the tribal fisheries program.

(u) “Fishing gear” means all types and sizes of apparatus used to take fish

defined in this chapter or by regulation, including but not limited to hooks, nets, spears,

gaffs, lines, traps, shovels, rakes, forks, hoes, and diving apparatus. The functional

definition of any type of gear may be modified by tribal regulation notwithstanding any

definition contained herein.

(v) “Fisheries patrol officer(s)” means the person or persons charged with the

responsibility of enforcing this chapter, regulations, and tribal resolutions promulgated

hereunder.

(w) “Gaff or snag line” means hand-operated gear which is used to impale fish by

pursuing and striking the individual fish with the gear.

(x) “Gill net” gear means net of a single-web construction bound at the top by a

cork line and at the bottom by a lead line.

(y) “Hand dip net (dip bag net)” means a section of netting distended by a rigid

frame, operated by a process commonly recognized as dipping. Such nets may be of a

size as determined by tribal regulation.

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(z) “Hook and line” means a single line attached to which are no more than two

single-barbed hooks or a single triple-barbed hook.

(aa) “Lampara (round haul)” means fishing gear having no purse line or rings but

employing a lead line, cork line, special tag, or auxiliary lines attached to the lead line

and webbing in such a manner that the fish are encircled in open water.

(bb) “Live bait” means any biological organism, vertebrate or invertebrate, alive

or dead, that may be used for the purpose of taking fish.

(cc) “Lure” means any inanimate object which may not resemble live bait that

may be used for the purpose of taking fish.

(dd) “Management area” means an area designated as a management and catch

reporting area by the tribal fisheries department. Specific areas may be subdivided by

tribal fisheries personnel where more detailed information on a particular fish species or

fishery is desired.

(ee) “Management period” means a time interval during which the majority of

individuals of a fish species is accessible to capture. A management period may be

specific to a species, and a single species may have more than one management

period during the course of a year depending upon the cycle of that species.

(ff) “Member” means any person who is enrolled in the Suquamish Indian Tribe.

(gg) “Minor” means any person under the age of sixteen (16).

(hh) “Net length measure” means the length of any net measured along the cork

or top line.

(ii) “Nonmember” means any person who is not enrolled in the Suquamish Indian

Tribe.

(jj) “Off reservation” means all areas, water, and streams located outside the

boundaries of the Port Madison Reservation.

(kk) “On reservation” means all areas within the exterior boundaries of the Port

Madison Reservation, including all waters, beds, and tidelands thereof, as reserved in

the Treaty of Point Elliott and subsequent executive orders.

(ll) “Open season” means the time specified by regulation when it is lawful to fish.

(mm) “Persons” means any individual, firm, partnership, association, or

corporation.

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(nn) “Purse seine” is defined as including all types of fishing gear consisting of a

lead line, cork line, auxiliary lines, purse line, and purse rings and of mesh net webbing

fashioned in such a manner that it is used to encircle fish and, in addition, prevent their

escape under the bottom of the lead line of the net by drawing in the bottom of the net

by means of the purse line so that it forms a closed bag.

(oo) “Regulation” means any rule, regulation, resolution, or ordinance

promulgated pursuant to this chapter.

(pp) “Reservation” means the Port Madison Reservation.

(qq) “Resource committees” means a number of members appointed by Tribal

Council as representative of the membership at large. Resource committees are

advisory bodies formed to provide the Fisheries Director with input regarding particular

resource issues. Examples include but are not limited to the Fish & Wildlife Committee

advising on treaty finfish, shellfish, and hunting issues.

(rr) “Shellfish” means aquatic invertebrates including but not limited to, mollusks

(clams, geoduck, oysters, cephalopods), crustaceans (crab and shrimp), and

echinoderms (sea urchins and sea cucumber).

(ss) “Spouse” means a nonenrolled wife or husband of a tribal member.

(tt) “Stretched mesh measure” means the distance between the inside of one

knot to the outside (vertical) knot of one mesh when wet by using a tension of ten (10)

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

three while under tension.

(uu) “Subsistence fishing” means the taking of fish by enrolled Suquamish

members, who may be assisted by their nonmember spouses, for consumption by tribal

members and their immediate families.

(vv) “Suquamish Indian people” means enrolled members of the Suquamish

Indian Tribe.

(ww) “Test fishery” means a fishery allowed on a limited basis for the purpose of

acquiring technical or management information including run strength, time,

composition, gear selectivity, exploitation rate, and enhancement possibilities.

(xx) “Tidelands” means that area from the vegetation line bordering Puget Sound

to the line of extreme lower low tide.

(yy) “Treaty fishing rights” means those rights reserved by the Treaty of Point

Elliott between the Suquamish Indian Tribe and the United States government.

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(zz) “Treaty harvested fish” means fish or shellfish harvested in the exercise of

Washington treaty fishing rights.

(aaa) “Tribal Council” means the elected governing body of the Suquamish

Indian Tribe as prescribed in Article III of the Suquamish Constitution.

(bbb) “Tribal fishers” means any person, whether or not a member of the Tribe,

who is exercising any tribal fishing right or who is assisting in the exercise of treaty

fishing rights pursuant to tribal authorization.

(ccc) “Tribe” means the Suquamish Indian Tribe of the Port Madison

Reservation.

(ddd) “Troll line” means a fishing line used to drag lures or fresh bait behind a

moving vessel.

(eee) “Usual and accustomed” means all those fishing places where members of

the Tribe fished prior to entering into the Treaty of Point Elliott.

(fff) “Wastage” or “waste” means the failure to care for fish that are taken so as to

preserve their desirability for human consumption, excepting bait and/or seed harvests

authorized by the Fisheries Director. (Res. 2003-104 (part), passed Aug. 11, 2003;

amended by Res. 2016-168 (part), passed Oct. 31, 2016; amended by Res. 2024-312,

passed Aug. 8, 2024; amended by Res. 2025-146, passed Jun. 25, 2025)

14.1.5. Fisheries Director. The executive director is responsible for hiring a Fisheries

Director who is responsible for:

(a) Managing the Suquamish tribal fisheries program;

(b) Adopting fishing regulations subject to review by the Tribal Council;

(d) Fisheries enhancement efforts of the Suquamish Indian Tribe; and

(e) Carrying out any other duties delegated under this chapter or by the executive

director and/or Tribal Council. (Res. 2003-104 (part), passed Aug. 11, 2003)

14.1.6. In-season Regulations. (a) The Fisheries Director has the authority to adopt inseason regulations relating to all aspects of the fishery. The Fisheries Director will

promulgate any in-season regulations utilizing Western Union Easylink service, e-mail,

fax, or other electronic messaging service and notifying fishers via the Suquamish

fisheries hotline telephone number.

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(b) All in-season regulations must be consistent with this chapter and any

applicable federal law or agreement to which the Tribe is a party.

the harvest of shellfish whenever a potential concern for public health has been

identified.

(d) In-season regulations will be effective upon their adoption or as provided in

the in-season regulation and will be enforceable upon notification to a tribal fisher or

twenty-four (24) hours after the hotline update, whichever is earlier.

(e) The Fish and Wildlife Committee may by majority vote petition the Tribal

Council to review any in-season or other regulation adopted by the Fisheries Director

regarding their respective fishery.

(f) The Tribal Council will at an open Council meeting determine whether the

challenged regulation will remain in effect, be rescinded, or be modified; provided that

regulations enacted by the Fisheries Director will remain in full force and effect until

modified by the director or by the Tribal Council.

(g) It is unlawful for any person to fish in any waters which are closed to fishing

by tribal law or regulation or to fish outside of the usual and accustomed fishing places

of the Suquamish Indian Tribe while exercising treaty fishing rights pursuant to this

chapter. Violation of this section is a Class C offense. A third or greater Class C

offense committed within one year of the first Class C offense is a Class B offense.

(See §14.1.10.) (Res. 2003-104 (part), passed Aug. 11, 2003; amended by Res. 2024312, passed Aug. 8, 2024)

14.1.7. Annual Regulations. (a) The Fisheries Director has the authority to adopt

annual regulations, provided that the Tribal Council may review, modify, or repeal any

regulation the Fisheries Director adopts.

(b) Regulations regarding any particular fish species will be distributed to the

state, tribes, and other affected agencies at least twenty (20) days prior to the proposed

opening and provided further that all regulations the Tribal Council or the Fisheries

Director adopt will in any event be filed and served as required by any applicable court

order or agreement to which the Tribe is party.

Aug. 11, 2003)

14.1.8. Resource Committees; Fish & Wildlife Committee.

(a) Responsibilities. The general responsibilities of the Suquamish Fish &

Wildlife Committee include:

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(1) Representing the various groups of fishers and/or hunters in an

advisory capacity to the Tribal Council and Suquamish Fisheries Department;

(2) Attending meetings and advising the Fisheries Director concerning:

(A) Fishery/hunting management strategies (enhancement,

enforcement, etc.); and

(B) Fisheries/hunting regulations (in-season, emergency, and

annual); and

(3) Being involved in the presentation and organization of meetings which

inform the general body of fishers/hunters regarding management and policy

issues.

(b) Eligibility. Any registered, voting Suquamish tribal member, provided he or

she is not in violation of §14.1.65, is eligible for appointment to the Fish & Wildlife

Committee.

(9) members appointed by the Tribal Council for two-year terms which may be

staggered. A quorum of five (5) is recommended when issues are brought to a vote.

The Tribal Council will attempt, but is not bound, to appoint persons from the following

categories:

(1) Four (4) commercial salmon fishers of which:

(A) Two (2) are marine gillnet operators;

(B) One (1) is a purse seine operator; and

(2) Two (2) shellfish harvesters of which:

(A) One (1) commercial shellfish harvester; and

(B) One (1) ceremonial or subsistence shellfish harvester.

(3) Three (3) hunters.

(e) Removal. The Tribal Council may remove any committee member upon good

cause. Good cause includes but is not limited to:

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(1) Conviction of a Class A or B offense; or

(2) Nonpayment of back taxes; or

(3) Missing three consecutive meetings; or

(4) Impeding the efficient operation of the Fisheries Department; or

(5) Upon the recommendation of the majority of the Fish and Wildlife

Committee and the Fisheries Director. (Res. 2003-104 (part), passed Aug. 11,

2003; amended by Res. 2024-312, passed Aug. 8, 2024; amended by Res.

2025-146, passed Jun. 25, 2025)

14.1.9. Intergovernmental Agreements. The Fisheries Director is authorized to

negotiate intergovernmental agreements relating to treaty fishery management,

allocation, cooperative enforcement, or treaty protection with any other treaty tribe, any

tribal group, any state or local government, or the federal government. No such

agreement will be binding unless approved by the Suquamish Tribal Council. (Res.

2003-104 (part), passed Aug. 11, 2003)

14.1.10. General Closure. (a) Fishing within the Port Madison Reservation and all

areas off reservation fished by the Suquamish Indian Tribe is closed to tribal fishing

unless specifically opened by properly adopted annual or in-season regulations (see

§14.1.6(g)) promulgated under this chapter.

(b) Violation of this section is a Class C offense. A third or greater Class C

offense committed within one (1) year of the first Class C offense is a Class B offense.

(Res. 2003-104 (part), passed Aug. 11, 2003)

14.1.11. State Law Not Applicable. No act prohibited by this chapter or by regulations

promulgated thereto or by any other applicable tribal ordinance or regulation may be

permitted even though such act would be lawful under the laws of the State of

Washington. (Res. 2003-104 (part), passed Aug. 11, 2003)

14.1.12. Monitoring by Federal and State Agencies. Authorized federal and state

officials are permitted to board vessels owned by tribal members or the Tribe and to

monitor tribal fishing activities outside the Port Madison Reservation but only to the

extent:

(a) Authorized by Congress; or

(b) Specifically authorized by the Suquamish Tribal Council pursuant to this

section. (Res. 2003-104 (part), passed Aug. 11, 2003)

14.1.13. Shellfish Sanitation. (a) The Tribe will regulate the harvest of shellfish for

health purposes as specified in the Consent Decree re: Shellfish Sanitation Issues, U.S.

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v. Washington Subproceeding 89-3 (W.D.Wash. 1994). Due to the human health

concerns associated with bivalve molluscan shellfish (e.g., little neck, manila, butter,

geoduck, horse clams, and oysters) which are frequently transported and often

consumed uncooked, the commerce of such species by tribal members or tribal entities

will be regulated by the current National Shellfish Sanitation Program (NSSP) or an

equivalent sanitation program implemented by the Tribe. The NSSP manual, available

at the fisheries department, regulates the handling, transport, and storage of bivalves

between harvest and sale. Violation of NSSP regulations or equivalent tribal sanitation

regulations is a Class C offense.

(b) Dealers who purchase bivalve shellfish harvested or purchased for resale by

Suquamish tribal members need to first acquire a shellstock shipper certification as

described in §14.1.33(e).

Aug. 11, 2003; amended by Res. 2025-146, passed Jun. 25, 2025)

ELIGIBLE FISHERS

14.1.14. Eligibility of Tribal Members to Exercise Treaty Rights. Members of the

Suquamish Indian Tribe of the Port Madison Reservation, defined by the Tribe’s

Constitution and Bylaws and tribal law, are eligible to exercise the Tribe’s treaty fishing

rights, but only in accordance with this title and any rules and regulations promulgated

hereunder. (Res. 2025-146, passed Jun. 25, 2025)

14.1.15. Identification Required. (a) All persons eligible to fish or observe under this

chapter must obtain a valid treaty fishing rights identification card or permit prior to

fishing. A valid treaty fishing rights identification card or permit must be in the physical

possession of the person at all times when:

(1) Fishing or observing;

(2) Traveling to or from fishing activity; or

(3) Engaged in the sale of fish or fish products.

(b) The following persons must have a valid treaty fishing rights identification

card in their physical possession when fishing:

(1) Tribal fisher (see §14.1.16);

(2) Authorized minor member (see §14.1.18);

(3) Nonmember spouse of member (see §14.1.17); and

(4) Biological personnel (see §14.1.21).

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(1) Name, photograph, and physical description of the cardholder;

(2) Enrollment number, if applicable;

(3) Tribal affiliation, if applicable;

(4) Current validation sticker (required for commercial harvest; not

subsistence or ceremonial);

(5) Designation pursuant to parts (b)(1)–(4) of this section above; and

(6) Embossed tribal treaty fishing rights number.

(d) Observers/technical advisors must have valid permits in their physical

possession when fishing (see §14.1.22).

(e) It is unlawful for any member to permit any nonmember to fish in violation of

this chapter. The tribal member is solely responsible for verifying whether the person

assisting is authorized pursuant to §14.1.14. Violation of this subsection is a Class B

offense.

(f) All identification cards or permits issued pursuant to this chapter remain the

property of the Suquamish Indian Tribe and must be returned to the tribal fisheries office

upon request of the Fisheries Director or pursuant to forfeiture by Tribal Court order.

(g) No identification card issued pursuant to this chapter is valid for commercial

fishing unless it bears a current validation sticker for that fishery. Annual stickers for

fishing are valid from the date issued through the next December 31. It is unlawful to

use an identification card without a current year validation stamp. Violation of this

subsection is a Class D offense.

(h) The tribal Fisheries Director may require each person exercising fishing rights

under this chapter to also secure any other identification that may be required through

any intertribal or other intergovernmental agreement that the Suquamish Indian Tribe

may become or is a party to.

(i) The Tribal Council may establish fees for the issuance of any identification or

permit described in this chapter.

(j) It is unlawful for any person to exercise treaty fishing rights without having first

obtained proper tribal identification. It is unlawful to fish without physical possession of

a proper identification card. Violation of this subsection is a Class C offense. (Res.

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2003-104 (part), passed Aug. 11, 2003; renumbered by Res. 2025-146, passed Jun. 25,

2025)

14.1.16. Eligible Fishers: Enrolled Members. All persons enrolled as Suquamish tribal

members are eligible to exercise treaty fishing rights with the exception that those

members adopted after September 29, 1983 must have one-eighth (1/8) or more

Suquamish blood consistent with Article II, Section 2 of the Suquamish Constitution.

(Res. 2003-104 (part), passed Aug. 11, 2003; renumbered by Res. 2025-146, passed

Jun. 25, 2025)

14.1.17. Eligible Fishers: Spouses. (a) The nonmember legal spouse of a Suquamish

tribal member may assist the member spouse in fishing, provided that:

(1) The enrolled member is present during fishing; and

(2) The nonmember spouse does not exercise treaty fishing rights of

another tribe, if any.

(A) If the nonmember spouse has treaty fishing rights in another

tribe, the nonmember spouse must waive exercise of these rights by May

2 of each year in writing and addressed to the Suquamish Tribal Council

or Fisheries Director.

(B) The nonmember spouse must agree in writing to be bound by

all provisions of this chapter and submit to the jurisdiction of the Tribal

Court.

(b) Upon a showing of necessity, the Fisheries Director may authorize by special

permit a nonmember spouse to harvest shellfish for subsistence purposes or to

participate in a test or evaluation fishery without the tribal member spouse being

present. The tribal member spouse must sign the fish ticket reporting the catch

pursuant to §14.1.25. The nonmember spouse must agree in writing to be bound by all

provisions of this chapter and submit to the jurisdiction of the Tribal Court. (Res. 2003104 (part), passed Aug. 11, 2003; renumbered by Res. 2025-146, passed Jun. 25,

2025)

14.1.18. Eligible Fishers: Minors. (a) No person under the age of sixteen (16) who is

otherwise eligible to fish under this chapter may exercise treaty fishing rights unless:

(1) He or she is accompanied by an adult relative who is an enrolled

member of the Tribe; or

(2) He or she is the head of a household; “head of household” is defined,

for the purposes of this section, as any member of the Tribe who is solely or

substantially responsible for providing his or her own care and maintenance or

that of his or her family; or

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(3) There is a showing of extreme hardship.

(b) The determination of whether a person is a head of household or whether

there is a showing of extreme hardship sufficient to allow a minor to exercise treaty

fishing rights is made by the Fisheries Director according to procedures established in

regulations promulgated under this chapter.

who have not graduated from high school are not permitted to fish on school days, but

are permitted to fish:

(1) Between the hours of 5:00 p.m. and 10:00 p.m. on any day

immediately preceding a school day, and

(2) At all hours permitted by regulation during authorized school vacations

and on days not immediately preceding a school day.

(d) No minor may be issued a tribal identification card without the signed consent

of his or her parent or guardian.

(e) It is the duty of the parent or guardian of any minor who is to exercise treaty

fishing rights pursuant to this section to ensure compliance with this section.

(f) A parent or guardian who knowingly permits his or her minor child or ward to

violate any provisions of this chapter or regulations adopted pursuant to this chapter will

be subject to the same penalties as the minor child.

(g) Violation of this section is a Class D offense.

(h) A minor who violates the provisions of this section is guilty of a Class D

offense and, in addition to the penalties prescribed by this chapter, may have his or her

right to exercise treaty fishing rights suspended by order of the Tribal Court. (Res.

2003-104 (part), passed Aug. 11, 2003; renumbered by Res. 2025-146, passed Jun. 25,

2025)

14.1.19. Temporary Suspension of Treaty Privileges by Fisheries Director. (a) The

Fisheries Director has the authority to temporarily suspend treaty fishing and hunting

privileges, upon the recommendation of the Fish and Wildlife Committee for good

cause.

(b) For the purposes of this section, good cause will include but is not limited to:

(1) More than two (2) fishing or hunting related violations within six (6)

months;

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(2) Conviction of a Class A offense or felony under the Suquamish Tribal

Code, or a felony under the United States Criminal Code or the criminal code of

any state of the United States;

(3) Charges brought by the Suquamish Indian Tribe for assault on an

enforcement officer, police officer, or tribal staff member;

(4) More than four (4) missed payments resulting in default of the

Suquamish Indian Tribe’s Commercial Fishing Revolving Loan;

(5) Charges for wasteful practices under §14.1.38;

(6) Any set of actions that the Fisheries Manager, fisheries patrol, and/or

the Fish and Wildlife Committee determines jeopardizes or might jeopardize the

Tribe’s ability or opportunity to responsibly manage and harvest fisheries

resources.

(1) year from the day of suspension.

(d) Prior to suspension, the Fisheries Director will provide written notice to the

fisher by certified mail of a hearing, set at least thirty-five (35) days from the mailing of

the letter, to consider temporary suspension of the fisher’s treaty rights and provide the

fisher an opportunity to be heard by the Fisheries Director and Fish and Wildlife

Committee.

(e) At the hearing, the Fisheries Director will present the good cause reasoning

for the temporary suspension, including any evidence, to the fisher and the Fish and

Wildlife Committee. The fisher will have a full and fair opportunity to present the fisher’s

position.

(f) The Fisheries Director will inform the fisher of the Fisheries Director’s decision

within twenty-four (24) hours by telephone and in writing by certified mail. The Fisheries

Director will send a copy of the written decision to the Tribal Council and to the Office of

Tribal Attorney.

(g) The fisher may appeal the Fisheries Director’s decision to the Tribe’s

Administrative Law Judge. The Administrative Law Judge will review the Fisheries

Director’s decision. (Res. 2025-146, passed Jun. 25, 2025)

14.1.20. Suspension of Treaty Privileges by Tribal Council. (a) The Suquamish Tribal

Council has the authority to recommend the suspension of any fisher’s exercise of

treaty fishing and hunting privileges upon the recommendation of the Fisheries Director

and the Fish and Wildlife Committee for good cause for any period of time, including

indefinitely, as follows:

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(b) For the purposes of this section, good cause will include but is not limited to:

(1) More than two (2) fishing or hunting related criminal convictions within

four (4) years;

(2) Conviction of a Class A offense or a felony under the Suquamish Tribal

Code, or a felony under the United States Criminal Code or the criminal code of

any state of the United States;

(3) Two (2) or more temporary suspensions by the Fisheries Director

within the previous five (5) years;

(4) Conviction for assault on an enforcement officer, police officer, or tribal

staff member;

(5) Two (2) or more charges for wasteful practices under §14.1.37 within

the previous ten (10) years.

attorney for the Tribe to petition the Suquamish Tribal Court for a hearing on the

suspension of a fisher’s treaty rights. The petition will be filed within ten (10) business

days of the date the Tribal Council resolution was passed. The hearing date and time

will be set for a date and time not less than five (5) days from the date the petition is

filed.

(d) The Tribe will serve the petition and summons for the hearing with a copy of

the Council resolution on the fisher by one or more of the following means, and proof of

service will be made by affidavit or in any manner permitted in other civil proceedings:

(1) Personal service;

(2) Registered or certified mail;

(3) Delivery to a person of suitable age and discretion at the fisher’s usual

living place or place of employment;

(4) Posting on the exterior of a dwelling known to be frequented by the

fisher, but only if that fisher’s presence at the location is supported by a sworn

witness declaration; or

(5) Publication at least one (1) time in any newspaper of general

circulation on or adjacent to the Port Madison Reservation, or in a newspaper of

general circulation in the town closest to where the fisher was last known to

reside.

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(e) A hearing on the suspension of treaty rights will be held within twenty (20)

days of service of the petition and summons upon the fisher. Such hearings will take

precedence over all other matters, except requests for temporary restraining orders or

other matters that must be heard immediately to prevent the expiration of a time period

for judicial action established by tribal law.

(1) A respondent to a hearing on suspension of treaty rights has no right to

a jury trial.

(2) At the hearing, the Tribe will present the case for the suspension of

treaty rights, including any evidence. The respondent will have a full and fair

opportunity to present the respondent’s position.

(3) If the respondent does not appear at the hearing despite being served

with proper notice, or if at the hearing the judge finds by a preponderance of the

evidence that cause does exist to suspend the respondent’s treaty rights, the

Court will issue an order specifying that the respondent’s treaty rights have been

suspended and the length of time of the suspension. The order will remain in

effect for the period of time specified in the order, or until the Court vacates,

revokes, or modifies the order.

(f) If the respondent does not appear at the hearing, the Court will serve its

decision on the respondent in accordance with the notice requirements in §14.1.20(d).

(g) The fisher may appeal the Court’s order to the Suquamish Tribal Court of

Appeals. Unless otherwise ordered by a judge of the Suquamish Tribal Court, an order

suspending treaty rights will not be stayed pending appeal. (Res. 2025-146, passed

Jun. 25, 2025)

14.1.21. Biological Personnel. (a) Biological personnel of the Suquamish Indian Tribe

may take or possess fish of all species for scientific, management, and/or enhancement

purposes, provided that:

(1) He or she is issued an identification card by the Fisheries Director;

(2) He or she keeps a cumulative record of all fish so taken, which must

be produced for inspection upon request by the Fisheries Director or Tribal

Council; and

(3) Fish taken under the authority of this subsection are not to be sold or

used by biological personnel for personal gain but are to be disposed of only as

directed by the Fisheries Director or Tribal Council.

(b) Any attempt by biological personnel to circumvent this subsection or to abuse

the privilege granted herein will be grounds for immediate dismissal from employment

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with the Tribe. (Res. 2003-104 (part), passed Aug. 11, 2003; renumbered by Res.

2025-146, passed Jun. 25, 2025)

14.1.22. Observers/Technical Advisors. (a) An observer/technical advisor may

observe/advise a Suquamish member if properly authorized by permit pursuant to

§14.1.15, provided that the Suquamish member is responsible for ensuring that the

observer/technical advisor has complied with this chapter.

(b) The following information must be provided to the Fisheries Director by the

treaty fisher who will be advised:

(1) The name of the observer/technical advisor;

(2) Vessel identification, if any; and

(3) Type and location of fishery.

between the observer/technical advisor and the fisher. The observer/technical advisor

may not be paid on a percentage of the harvest basis.

(d) Observers/technical advisors may instruct and observe only and are

prohibited from assisting in any other manner, pursuant to §14.1.15, in any harvest.

Any violation of this section will result in the revocation of the observer/technical

advisor’s permit. (Res. 2003-104 (part), passed Aug. 11, 2003; renumbered by Res.

2025-146, passed Jun. 25, 2025)

14.1.23. Test Fishing. (a) The Fisheries Director may authorize a test fishery for the

purposes of collecting management information regarding a particular species or stock

regulated under this chapter. The Fisheries Director will determine the specifics of any

test fishery using in-season regulations. Such regulations would include, but not be

limited to: target species, gear type, quantity, opening schedule, and area restrictions.

Permanent records of all data collected by test fishers will be maintained by the

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

Director.

(b) Eligibility to participate in a test fishery will be limited to those fishers who

meet the following requirements:

(1) Only enrolled members, spouses, and biological personnel as defined

in §§14.1.16, 14.1.17, and 14.1.21 respectively who have obtained the

identification required as defined in §14.1.15.

(2) Fishers must be familiar with, and have access to, the appropriate gear

as specified by the Fisheries Director.

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(3) Fishers must be familiar with the fishing area specified in the test

fishery.

(4) Fishers must agree to record and provide all information regarding the

test fishery in a timely manner as requested by the Fisheries Director.

particular test fishery, the participants will be chosen by a drawing conducted by the

Fisheries Director or designate.

(d) Fish taken in test fisheries may not be sold for personal profit. Participating

fishers will be compensated for their effort at a rate set by the Tribal Council. (Res.

2003-104 (part), passed Aug. 11, 2003; renumbered by Res. 2025-146, passed Jun. 25,

2025)

14.1.24. Payment of All Taxes and Fees Required. (a) No person will be issued an

annual validation sticker for his or her identification card, or other license, or be

authorized to exercise treaty fishing rights pursuant to this chapter until all fish taxes,

interest, penalties, or outstanding fines imposed by the Suquamish Tribal Court for

fishing violations, then due and owing, are paid as described in Title 12 of the

Suquamish Tribal Code.

(b) In lieu of non-issuance of an annual validation sticker under §14.1.24(a), the

Suquamish Tribal Court may order a payment plan, upon showing of good cause, in

accordance with the following:

(1) The Court will set out all payment plan terms in the order, including but

not limited to the number of months the payment plan will span, the monthly

amount due, the monthly due dates, and the total amount due. The Court will

include in the order a requirement that no additional fishing convictions may

occur or the authorization to fish will be revoked until all fines are paid in full.

(2) Certified copies of the order must be delivered to the fisheries

department and the Suquamish Police Department by the person.

(3) All payments will be due by the first (1st) day of each month.

(4) Upon receipt of a monthly payment, the Court will issue a paper receipt

that the person can present to fisheries as proof of payment.

(5) Upon receipt of a paper receipt, fisheries will issue the person a

monthly validation sticker, in lieu of an annual validation sticker, for his or her

identification card, or other license, authorizing the person to exercise treaty

fishing rights pursuant to this chapter for that month.

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(6) Any person who fails to comply with the Court order or is convicted of

any additional fishing violations during the term of the payment plan will not be

issued a validation sticker by the fisheries department.

offense committed within one year of the first Class B offense is a Class A offense.

(Res. 2003-104 (part), passed Aug. 11, 2003; amended by Res. 2016-168 (part),

passed Oct. 31, 2016; renumbered by Res. 2025-146, passed Jun. 25, 2025)

14.1.25. Reporting of Catch — Fish Tickets. (a) Any authorized fisher fishing for any

purpose (e.g., commercial, subsistence, ceremonial) must report his or her catch within

twenty-four (24) hours for commercial or within three (3) days for subsistence or

ceremonial purposes, consistent with this section and any applicable regulations. A

treaty Indian fish receiving ticket (“fish ticket”) must be used to record the appropriate

information as described below.

(b) Fishers are responsible for providing the following information on a fish ticket:

(1) Date of harvest;

(2) Date of sale;

(3) Economic value, where appropriate;

(4) Gear type used;

(5) Number and/or total weight of each species or products thereof;

(6) All salmon roe sales must include the number of harvested fish on the

ticket;

(7) The management/catch reporting area within which the fish was

caught; and in the case of intertidal shellfish, the appropriate six-digit beach

identification number (BIDN); and in the case of geoducks, the geoduck tract

number;

(8) If sold, buyer to whom the catch was sold;

(9) Fisher’s name and treaty fishing rights identification number; and

(10) Any additional information specified in in-season regulations.

Director or biological personnel upon request by the Fisheries Director.

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(d) Violation of this section is a Class C offense. (Res. 2003-104 (part), passed

Aug. 11, 2003; renumbered by Res. 2025-146, passed Jun. 25, 2025)

FISHING BOATS AND GEAR

14.1.26. Regulation of Fishing Fleet — Policy Considerations. (a) The Tribal Council

recognizes that appropriate management and conservation of fishery resources may

require the limiting of the tribal fleet, the type and numbers of gear authorized, the

location where certain gear can be authorized, and may require other policy decisions

as well.

(b) The Fisheries Director is responsible for the development and presentation of

regulations limiting the size of the tribal fishing fleet. All fleet restrictions proposed

under this section will be presented to the fish committee for comment. Proposed

regulations, along with any recommendation or comments from the appropriate

resource committee, will then be presented to the Tribal Council. No fleet restriction

authorized under this section may be implemented until approved by the Tribal Council.

direction of that growth, the Tribal Council will consider the number of harvestable fish

available, where those fish are best harvested, potential gear conflicts, intertribal

relationships, and the need to maximize the income for the tribal fishers.

(d) Affected fishers may appeal the Tribal Council’s decision to the Suquamish

Tribal Court, provided that the burden of proof is on the fisher. Review will be limited to

whether the decision was arbitrary, capricious, or having no basis in fact. The standard

of proof is clear and convincing evidence. (Res. 2003-104 (part), passed Aug. 11,

2003; renumbered by Res. 2025-146, passed Jun. 25, 2025)

14.1.27. Boating Safety — Legal Firearms. (a) All boats or other craft used in

exercising tribal fishing rights must conform to the current United States Coast Guard

regulations applicable to similar craft in similar waters.

(b) It is unlawful for any member or spouse to discharge any firearm from any

fishing vessel or watercraft except as provided for in this section.

personal safety are authorized to utilize a shotgun with double 00 buckshot as

ammunition.

(d) Violation of this section is a Class C offense. (Res. 2003-104 (part), passed

Aug. 11, 2003; renumbered by Res. 2025-146, passed Jun. 25, 2025)

14.1.28. Manner of Fishing — Legal Gear. (a) The Fisheries Director will determine,

consistent with this chapter and after reviewing recommendations, if any, from the

appropriate Suquamish tribal resource committee, what gear is authorized in a

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particular season at a particular place and for a particular species. Fishers may only

use gear properly authorized by the Fisheries Director.

(b) Violation of this section is a Class B offense. A third or greater Class B

offense committed within one (1) year of the first Class B offense is a Class A offense.

(Res. 2003-104 (part), passed Aug. 11, 2003; renumbered by Res. 2025-146, passed

Jun. 25, 2025)

14.1.29. Registration/Identification of Fishing Boats/Gear. (a) All vessels used in the

exercise of treaty fishing pursuant to this chapter must be:

(1)(A) Owned and registered in the name of a member; or

(B) In the possession of a member under a bona fide purchase

agreement which has been approved by and filed with the Tribe as

provided in §14.1.30; or

purchase from another member of the Tribe; and

(2) In compliance with those adopted regulations governing

comprehensive identification of boats, including but not limited to boat type,

length, name, and gear.

(b) Unless otherwise provided in this chapter or regulations adopted hereunder,

each fisher may only operate a single piece of gear at a time. No gear may be operated

unless specifically authorized as provided in §14.1.29.

(1) All vessels must have a permanent boat identification sticker and

annual validation sticker displayed in a manner consistent with U.S. Coast Guard

regulations as specified on the sticker.

(2) All nets of whatever type, all shellfish/fish pots and traps, and all buoys

must be clearly identified and marked with the owner’s name and tribal treaty

fishing rights identification number. The identification must be at both ends of a

net that is not attached to a vessel or on the outboard end of a net attached to a

vessel. Unless otherwise specified in in-season regulations, all identification

must be easily visible without having to remove the gear from the water. It is

unlawful to operate any gear without having all identification required by this

section properly attached.

(3) All gillnets must have a buoy ball (minimum of twelve-inch diameter)

clearly marked with the fisher’s name and tribal identification number attached to

the waterward end of the net. All gillnets greater than three hundred (300) feet in

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length must have a functional jacklight extending a minimum of fifteen (15)

inches above the surface of the water located at the waterward end of the net.

(d) All unmarked gear and boats which are unattended and any fish found therein

may be removed by a tribal patrol officer.

(e) Use of gear that is not properly marked pursuant to tribal law or regulation is a

Class D offense. Failure to actively tend fishing gear at least once every twenty-four

(24) hours is a Class C offense. The abandonment of gear or the discarding of any

object, debris, or waste related to the act of fishing upon any property or in any waters is

a Class D offense. (Res. 2003-104 (part), passed Aug. 11, 2003; reference corrected

Dec. 20, 2012; renumbered by Res. 2025-146, passed Jun. 25, 2025)

14.1.30. Boat Purchase Contract. (a) A member who intends to exercise treaty fishing

rights with gear or a boat the legal title of which is not in the tribal member’s name, or a

member who is purchasing a boat or gear on installments paid to the seller, must first

present to the Fisheries Director for approval:

(1) A purchase agreement evidencing that the member is purchasing the

boat or gear; and

(2) A boat/gear survey provided by a professional marine surveyor.

(b) The tribal Fish and Wildlife Committee will review all purchase agreements

and will provide a recommendation to the Tribal Council regarding the likelihood of

success of the contract. The Fish and Wildlife Committee will consider the following

factors in formulating its recommendation:

(1) Legal summary of the contract as reviewed by the tribal legal

department;

(2) Specifics of the contract (i.e., financial institution or firm holding the

lien, payment schedule or associated business plan, down payment quantity, and

term of contract);

(3) Fisher’s experience operating this type of vessel/gear; and

(4) Circumstances which affect the availability of fish or fish value during

the term of the contract.

suspended from exercising the seller’s treaty rights under §14.1.19, §14.1.20, or

§14.1.64.

(d) The recommendations of the fish and wildlife committee will be reviewed by

the Tribal Council which will either approve or disapprove the contract. In addition to

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considering those factors set out in subsection (b) of this section, the Tribal Council will

also consider the recommendation of the Fisheries Director and will specifically

determine whether the approval of the purchase contract would result in an increase in

the tribal fishing fleet or in tribal fishing power in violation of any policy set pursuant to

§14.1.26 of this chapter.

(e) All boat contracts approved under this section are subject to annual review.

The purpose of such annual review will be to determine whether the conditions of the

contract are being met. The Fisheries Director is authorized to request from the

member purchasing the boat an annual financial statement which specifies the amount

of money paid on both the principal and interest and the amount of the principal

remaining. Said statement must be signed, dated, and notarized by both the member

and the mortgagor. In the event the contract conditions are not being met, the Fisheries

Director will request a statement from the member regarding the likelihood of both

contract failure and future contract compliance. The Fisheries Director will then report

to the Tribal Council on the condition of the contract. If the Tribal Council believes the

risk of contract failure is significant, the Tribal Council may revoke the member’s

authorization to use the described vessel under this chapter.

(f) Disapproval of a boat contract may be reviewed by the Suquamish Tribal

Court, provided that the burden of proof is on the member. Review will be limited to

whether the decision was arbitrary, capricious, or having no basis in fact. The standard

of proof is clear and convincing evidence.

(g) The review and approval under this section is for the Tribe’s benefit only.

Such review and approval will not and does not guarantee or warrant to the member

that the contract is legal, binding, enforceable, or that it will be successful. (Res. 2003104 (part), passed Aug. 11, 2003; amended and renumbered by Res. 2025-146, passed

Jun. 25, 2025)

HARVEST

14.1.31. Sale of Fish. (a) It is the responsibility of each fisher at the time of each fish

sale to be sure that the fish ticket is filled out completely and accurately in accordance

with §14.1.25. Improperly filled out fish tickets are in violation of this chapter. Violation

of this subsection is a Class C offense.

(b) A tribal fisher who engages in personal sales of fish to a person, organization,

or entity other than fish buyers licensed by the Tribe, the state, or other treaty tribes

must contact the tribal fisheries office to either fill out a fish ticket or report the sale

within twenty-four (24) hours. Illegal sale of fish in violation of this chapter is a Class C

offense.

card as provided in §14.1.15 may sell fish pursuant to this chapter.

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(d) It is unlawful for a tribal member with a treaty fishing rights identification card

to allow another member or nonmember to use that card or to sell fish with the

member’s card. Violation of this subsection is a Class C offense.

(e) It is unlawful for any person to, with intent to injure or defraud, falsely make,

complete, or alter any document created pursuant to this chapter or to possess, utter,

offer, dispose of, or put off as true any document created pursuant to this chapter. Such

conduct constitutes the crime of forgery, pursuant to STC §7.10.3. (Res. 2003-104

(part), passed Aug. 11, 2003; amended and renumbered by Res. 2025-146, passed

Jun. 25, 2025)

14.1.32. Protection of Spawning Areas. (a) To prevent unnecessary damage to fish

stock and habitats, the Fisheries Director will identify and designate, by appropriate

regulations and maps, those spawning areas that, because of their fragile nature and

importance, will be closed to all fishing or other damaging activities, unless specifically

authorized.

(b) Violation of this subsection is a Class A offense. (Res. 2025-146, passed

Jun. 25, 2025)

14.1.33. Dealer/Buyer Licensing. (a) Dealer License. Every Suquamish tribal member

or tribal enterprise who receives for resale treaty harvested fish or shellfish is required

to first obtain a Suquamish fish dealer’s license.

(b) Buyer License. Every Suquamish tribal member who receives treaty

harvested fish or shellfish on behalf of a fish dealer licensed by any state or tribe is

required to first possess a Suquamish fish buyer’s license. No person may be licensed

to buy fish or shellfish on behalf of more than one dealer.

licenses will be issued by the Fisheries Director and are valid when signed by the

Fisheries Director and the applicant. Each such license is valid from the date of issue

through the following December 31.

(d) Persons Eligible for Licensing. Only enrolled Suquamish tribal members

eighteen (18) years and older who owe no back taxes to the Suquamish Indian Tribe

are eligible to obtain a Suquamish dealer or buyer license. Nontribal member spouses

may not be issued buyer or dealer licenses.

(e) License Application. (1) Procedure.

(A) An applicant for a buyer or dealer license may apply in person

at the Suquamish Fisheries Department or by mail addressed to the

Fisheries Director. Mail applicants will be sent an unsigned copy of the

appropriate license and instructed to return it signed by the applicant,

together with a check or money order for the license fee. If approved by

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the Fisheries Director, the license will be signed by the director and

returned to the licensee. In-person applicants must deliver the appropriate

license fee to the fisheries department. If the application is not approved,

the license fee will be returned to the applicant.

(B) The Fisheries Director will reject the license application if the

applicant has been found by the Tribal Court to have violated §14.1.33

three (3) or more times within the last twelve (12) months or if the

applicant has been convicted within the last twelve (12) months of fraud

under Suquamish Tribal Code Chapter 7.10. The Fisheries Director will

not review a license renewal application of an applicant who has a notice

of proposed suspension or two (2) or more citations or complaints pending

in Tribal Court, until those issues have been resolved by the Tribal Court.

(2) Notice of denial of a license application will be delivered in person or

by first class mail. When delivered by mail, the notice will be presumed received

within three (3) days of mailing to the applicant at the address listed on the

application. The notice must state the reasons for denial and must inform the

applicant that within ten (10) calendar days of receipt of the notice of denial, the

applicant may file a civil action for judicial review by the Suquamish Tribal Court.

The Court may award only declaratory and related injunctive relief. The Court

will uphold the action of the Fisheries Director unless it was arbitrary, capricious,

an abuse of discretion, or otherwise contrary to law.

(3) Shellfish Certification. Dealers wishing to purchase molluscan bivalve

shellfish (such as clams, oysters, geoduck, and mussels) must first obtain a

shellstock/shipper certification from the Washington Department of Health.

Applications for such certification may be obtained from the Washington

Department of Health. Upon proof of such certification, the dealer license will be

imprinted with an “S” by the tribal fisheries department. Licenses of the dealer's

buyer or buyers will be imprinted with an "S" by the tribal fisheries department

along with the dealer's name and license identification number. No buyer may

receive molluscan bivalve shellfish on behalf of a dealer who has not obtained

such certification. Dealers must abide by the 1999 National Shellfish Sanitation

Program (NSSP) Model Ordinance, published by the U.S. Department of Health

and Human Services, Public Health Service, Food and Drug Administration.

(4) Beginning with the 2003-2004 licensing year, applicants for Suquamish

dealer or buyer licenses who either have been denied a license in any of the

three (3) previous licensing years, or have been found by the Tribal Court to have

violated §14.1.33 three (3) or more times within the last twelve (12) months, or

been convicted within the last twelve (12) months of fraud under Suquamish

Tribal Code Chapter 7.10 will be required to deposit with the fisheries department

a performance bond on forms and in amounts prescribed by departmental

regulation.

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(A) This performance bond will be a corporate surety bond

executed in favor of the fisheries department by a corporation approved by

the Tribe.

(B) The bond will be conditioned upon compliance with the

requirements of §14.1.33 and the provisions of this chapter relating to the

payment of fines for violations of §14.1.33.

buyer may file with the fisheries department a cash deposit, negotiable

securities acceptable to the department, or an assignment of a savings

account or a savings certificate in a Washington bank on an assignment

form prescribed by the department and in amounts prescribed by

departmental regulation.

(f) License Fees. In order to obtain or retain a Suquamish fish dealer or buyer

license, the applicant or licensee must pay an annual license fee.

(g) Biological Staff Entry. All licensed dealers and buyers must allow tribal

fisheries department staff to enter upon any premises where fish or shellfish are

received under such license or where records required by this chapter are kept and

allow such staff to sample, segregate, and gather data for fisheries management

purposes. Failure to comply with the provisions of this subsection will be grounds for

the issuance of an emergency suspension of the license of the dealer and/or the buyer.

(h) Daily Reporting. The licensed dealer or licensed buyer who receives for

resale treaty harvested fish or shellfish must prepare fish tickets in a manner that

complies with §14.1.25. The licensed dealer or licensed buyer must sign the

completed fish ticket. No licensee spouse or any other third party may sign a fish ticket

on behalf of a dealer or buyer. The licensed dealer or licensed buyer must distribute

copies of the fish ticket in accordance with the instructions on the Treaty Indian Fish

Ticket Book. Licensed dealers and buyers must maintain for at least one year copies of

all fish tickets they prepare. All fish ticket information must be made available to tribal

fisheries department staff and tribal fisheries enforcement officers upon demand.

(i) Personal Purchases. Dealers or buyers who receive for resale fish or shellfish

taken in their own exercise of treaty fishing rights must report such receipts on the

appropriate fish tickets at the market price on the fishing grounds at the time of the

catch.

(j) Fish Purchases. Dealers or buyers may not purchase for resale fish or

shellfish harvested in violation of this chapter or applicable regulations.

(k) Health Inspections. Dealers and buyers must permit reasonable inspection of

their facilities and operations by federal and Suquamish tribal health authorities and by

the Washington State Department of Health upon the concurrence of the Tribe. Failure

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to comply with the provisions of this subsection is grounds for the issuance of an

emergency suspension of the license of the dealer and/or the buyer.

(l) License Suspension. When a person licensed under §14.1.33 has been

issued a civil citation or complaint for violation of §14.1.33 or if the Fisheries Director

otherwise has probable cause to believe that a licensee has violated §14.1.33, the

Fisheries Director has the authority to suspend or propose to suspend a license as

follows:

(1) Emergency Suspension. (A) The Fisheries Director will issue an

emergency notice of license suspension if the director finds compelling reasons

of public health or fisheries management related to the:

(i) Purchase of molluscan bivalve shellfish from an area that

is closed or prohibited or that otherwise constitutes a violation of

the shell stock shippers license;

(ii) Purchase of fish or shellfish caught in closed waters;

(iii) Failure to allow health inspections of facilities where the

Fisheries Director has reason to believe that conditions posing a

health risk to the public exist;

(iv) Failure to submit completed fish receiving tickets within

one working day of the landing date where such failure affects the

ability of the fisheries department to properly manage a limited

opening;

(v) Submission of falsified information or signatures on a fish

receiving ticket; or

(vi) Other compelling reasons of public health or fisheries

management.

(B) The emergency notice of license suspension must contain the

following information:

(i) The date of the alleged violation or violations;

(ii) The §14.1.33 provision(s) alleged to have been violated;

(iii) A statement of the compelling reasons for emergency

suspension;

(iv) Effective date and duration of the suspension, which time

period may not exceed the expiration date of the license; and

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(v) An explanation of right to judicial review and time period

for filing request for review.

When delivered by mail, the notice will be presumed received within three

(3) days of mailing to the licensee's address as last given to the fisheries

department.

(D) The emergency notice of license suspension will be effective

upon receipt.

(E) Within ten (10) days of receipt of the notice, the recipient may

file a civil action for judicial review by the Suquamish Tribal Court. The

emergency notice of license suspension will not be stayed during the

pendency of this proceeding except upon order of the Court.

(2) Notice of Proposed License Suspension. (A) When the basis for

issuing an emergency notice of license suspension is not present, the Fisheries

Director is authorized to issue a notice of proposed license suspension if the

nature, number, or pattern of the violations involved seriously impacts the

conservation and management of the resource, allocation of the resource or

intergovernmental relations.

(B) The notice of proposed license suspension must contain the

following information:

(i) The date of the alleged violation or violations;

(ii) The §14.1.33 provision(s) alleged to have been violated;

(iii) Written findings upon which the proposed suspension or

revocation is based;

(iv) A time period for the proposed suspension, which time

period may not exceed the expiration date of the license; and

(v) An explanation of right to judicial review and time period

for filing request for review.

When delivered by mail, the notice will be presumed received within three

(3) days of mailing to the licensee's address as last given to the fisheries

department.

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(D) Within ten (10) days of receipt of the notice, the recipient may

file a civil action for judicial review by the Suquamish Tribal Court. The

proposed suspension will be automatically stayed during the pendency of

such an action. If no request for judicial review is filed, the proposed

suspension will become final and effective ten (10) days after receipt of

notice.

(3) In an action to review an emergency notice of license suspension or

notice of proposed license suspension, the Court may award only declaratory

and related injunctive relief, including preliminary injunctive relief. The Court will

uphold the action of the Fisheries Director unless it was arbitrary, capricious, an

abuse of discretion, or otherwise contrary to law.

(4) The Tribe’s sovereign immunity is hereby waived only for the purpose

of actions by Suquamish tribal members brought in the Suquamish Tribal Court

under and in accordance with the terms of this section.

(m) Additional Penalties. The penalties, remedies and enforcement mechanism

set forth in this section are in addition to any other penalties or remedies available for a

violation of this section under applicable laws of the Tribe. (Res. 2003-104 (part),

passed Aug. 11, 2003; renumbered by Res. 2025-146, passed Jun. 25, 2025)

14.1.34. Authorization of Dealers or Buyers Not Subject to §14.1.33. (a) All fish dealers

or buyers licensed by another treaty tribe or by Washington State are authorized to

purchase fish, both fin fish and shellfish, from tribal members fishing commercially

pursuant to this chapter, unless a buyer is declared unauthorized pursuant to this

section.

(b) The Fisheries Director, Tribal Council, or Tribal Court may declare a fish

dealer or buyer ineligible to purchase fish from tribal fishers upon a showing that the

dealer or buyer has had a dealer or buyer license suspended or revoked or an

application for license denied by any treaty tribe, including the Suquamish Indian Tribe

or by Washington State; acted in a manner inconsistent with the provisions of this or

other applicable tribal law; defrauded a tribal fisher; or engaged in unfair or deceptive

trade practices. The dealer or buyer must be provided with reasonable notice of the

allegations against him or her and an opportunity to respond in writing or in person

before a decision is made to remove him or her from the list of authorized buyers.

been declared unauthorized to purchase fish from tribal fishers. A tribal commercial

fisher who knowingly sells fish to an unauthorized dealer or buyer is guilty of a violation

of this chapter. Violation of this section is a Class C offense. A third or greater Class C

offense committed within one (1) year of the first Class C offense is a Class B offense.

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(d) No person who purchases fin fish from Suquamish tribal fishers is authorized

to collect the tax imposed by STC Chapter 12.1. (Res. 2003-104 (part), passed Aug.

11, 2003; renumbered by Res. 2025-146, passed Jun. 25, 2025)

14.1.35. Fish Illegally Harvested. (a) No person will take, sell, purchase, or possess

fish taken in violation of this chapter or any rule or regulation issued hereunder.

Retention of bycatch for subsistence or ceremonial purposes or for sale will be lawful in

all instances except when expressly prohibited or restricted in the International Pacific

Halibut Treaty, applicable federal law, or other provision of this chapter or regulation

issued thereunder.

(b) No buyer licensed under this chapter will purchase fish taken in violation of

this chapter.

25, 2025)

14.1.36. Purchase of Illegal Fish. (a) No person will intentionally or willfully purchase

fish caught in violation of the terms and conditions of this chapter or any rules or

regulation issued hereunder.

(b) Violation of this section is a Class A offense. A fisher, dealer, or buyer who

intentionally or willfully purchases illegal fish will automatically lose their license. (Res.

2025-146, passed Jun. 25, 2025)

14.1.37. Sale of Subsistence or Ceremonial Fish. (a) No fisher will sell fish or shellfish

taken in a subsistence or ceremonial fishery except fish taken as bycatch, provided that

the fish taken as bycatch are not possessed or sold in violation of Suquamish law or

applicable federal law.

(b) Violation of this section is a Class A offense. (Res. 2025-146, passed Jun.

25, 2025)

14.1.38. Wasteful Practices Prohibited. (a) Any act or omission by a fisher, whether

willful or negligent, that causes or permits the edible portions of a fish to decay or spoil

and that could have reasonably been avoided is prohibited.

(b) When a fisheries patrol officer or other Tribal officer, including members of the

Fish and Wildlife Committee, or a member of the Tribal Council learns of wasteful

practices by a particular fisher, that officer may bring the matter before the Tribal

Council for appropriate action including revocation or suspension of treaty fishing and

hunting privileges, and imposition of such other penalties as are appropriate. Any

action to suspend or revoke treaty fishing and hunting privileges under this section will

be pursuant to §§14.1.19 or 14.1.20.

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25, 2025)

14.1.39. Unattended Gear. (a) No person will leave:

(1) Any boats, nets, pots, gear, or other personal property unattended on

Suquamish tribal tidelands or the beach fronting the Port Madison Reservation

for more than one week after the final day of the final opener of the season for

which the gear is used.

(2) Any fishing gear or other personal property on the Suquamish Dock or

any float dock facility used for commercial purposes (including any floats, piers,

or ramps) any later than the morning after the closing day of the season for which

the gear is used.

(3) Fishing gear in the water after a closure.

(b) Violation of this section is a Class C offense. (Res. 2025-146, passed Jun.

25, 2025)

14.1.40. Fishing After Closing Time. (a) No person will intentionally fish or attempt to

fish for a particular species once the area has been closed to fishing for that species.

(b) Any person whom a fisheries patrol officer has probable cause to believe is

violating this section:

(1) In a crab or shrimp fishery will be required to pull all pots from the

water and release any crab or shrimp in the pot(s).

(2) In a net fishery will permit the fisheries patrol officer to confiscate any

fish caught in the net(s).

is violating this section, the officer will take the pot as evidence of the violation and store

it in the evidence room.

(d) Violation of this section is a Class C offense, except for the following:

(1) In a crab or shrimp fishery, any violation of this section where the fisher

has crab or shrimp aboard the vessel is a Class B offense. Additionally, any

person convicted of violating this section by the Court will forfeit all crab and/or

shrimp caught in violation of this section.

(2) In a net fishery, any violation of this section where a fisher has fish in

that fisher’s net is a Class B offense. Additionally, any person convicted of

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violating this section by the Court will forfeit all fish caught in violation of this

section. (Res. 2025-146, passed Jun. 25, 2025)

14.1.41. Fishing Before Area Opening. (a) No person will fish or attempt to fish for a

given species unless the season for that species or type of fish has been opened by a

Suquamish Tribal Fisheries regulation.

(b) Any person whom a fisheries patrol officer has probable cause to believe is

violating this section:

(1) In a crab or shrimp fishery will be required to pull all pots from the

water and release any crab or shrimp in the pot(s).

(2) In a net fishery will permit the fisheries patrol officer to confiscate any

fish caught in the net.

(3) Will automatically lose the privilege of fishing during the opening. The

fisheries patrol officer will immediately inform the Fisheries Director of the loss of

the privilege.

is violating this section, the officer will take the pot as evidence of the violation and store

it in the evidence room.

(d) Violation of this section is a Class C offense, except for the following:

(1) In a crab or shrimp fishery, any violation of this section where the fisher

has crab or shrimp aboard the vessel is a Class B offense. Additionally, any

person convicted of violating this section by the Court will forfeit all crab and/or

shrimp caught in violation of this section.

(2) In a net fishery, any violation of this section where a fisher has fish in

that fisher’s net is a Class B offense. Additionally, any person convicted of

violating this section by the Court will forfeit all fish caught in violation of this

section. (Res. 2025-146, passed Jun. 25, 2025)

14.1.42. Fishing Out of Area. (a) No person will fish or attempt to fish for a given

species unless the area in which the person is fishing has been opened for harvest to

that species or type of fish by a Suquamish Tribal Fisheries regulation.

(b) Any person whom a fisheries patrol officer has probable cause to believe is

violating this section:

(1) In a crab or shrimp fishery will be required to pull all pots from the

water and release any crab or shrimp in the pot(s).

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(2) In a net fishery will permit the fisheries patrol officer to confiscate any

fish caught in the net.

(3) Will automatically lose the privilege of fishing during the opening. The

fisheries patrol officer will immediately inform the Fisheries Director of the loss of

the privilege.

(1) In a crab or shrimp fishery, any violation of this section where the fisher

has crab or shrimp aboard the vessel is a Class B offense. Additionally, any

person convicted of violating this section by the Court will forfeit all crab and/or

shrimp caught in violation of this section.

(2) In a net fishery, any violation of this section where a fisher has fish in

that fisher’s net is a Class B offense. Additionally, any person convicted of

violating this section by the Court will forfeit all fish caught in violation of this

section. (Res. 2025-146, passed Jun. 25, 2025)

14.1.43. Loaning Gear to Suspended Fisher. (a) No Suquamish fisher will knowingly

give, loan, rent, or lease that fisher’s boat or gear to another fisher whose fishing

privileges have been suspended during the period of suspension.

(b) Violation of this section is a Class C offense. (Res. 2025-146, passed Jun.

25, 2025)

PUBLIC SAFETY AND WELFARE

14.1.44. Safe and Courteous Conduct. (a) All fishers will conduct themselves in a safe

and courteous manner while fishing and will observe the Tribe’s traditional customs and

usage.

(b) Violation of this section is a Class C offense. (Res. 2025-146, passed Jun.

25, 2025)

14.1.45. Unlawful Interference with Access. (a) No person will obstruct or interfere with

the ability of a Tribal fisher to lawfully access fishing grounds within the exterior

boundaries of the Port Madison Reservation.

(b) Violation of this section is a Class B offense. (Res. 2025-146, passed Jun.

25, 2025)

14.1.46. Interference with Another Fisher’s Gear. (a) No person will willfully or

knowingly interfere with another fisher’s gear.

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(b) Violation of this section is a Class C offense. (Res. 2025-146, passed Jun.

25, 2025)

14.1.47. Corking Another Fisher’s Net. (a) No fisher will lay out that fisher’s drift net,

set net, purse seine, or other net of any kind directly up current from, or in front of,

another fisher’s drift net, set net, purse seine, or other net of any kind.

(b) Violation of this section is a Class C offense. (Res. 2025-146, passed Jun.

25, 2025)

14.1.48. Use of Intoxicants. (a) No person will exercise or assist exercising tribal

fishing rights while in possession of or under the influence of intoxicating liquor,

marijuana, or any drug. A person is guilty of exercising or assisting in exercising tribal

treaty fishing rights while under the influence of intoxicating liquor, marijuana or any

drug if the person fishes or assists in fishing and:

(1) The person has, within two (2) hours after fishing or assisting in fishing,

an alcohol concentration of 0.08 or higher as shown by analysis of the person’s

breath or blood;

(2) The person is under the influence of or affected by intoxicating liquor,

marijuana, or any drug; or

(3) The person is under the combined influence of or affected by

intoxicating liquor, marijuana, or any drug.

(b) The fact that a person charged with a violation of this section is or has been

entitled to use of a drug under the laws of the state or the Suquamish Indian Tribe will

not constitute a defense against a charge of violating this section.

consumed a sufficient quantity of alcohol after the time of fishing or assisting in fishing

and before the administration of an analysis of the person’s breath or blood to cause the

defendant’s alcohol concentration to be 0.08 or more within two (2) hours after fishing or

assisting fishing. The defendant must prove the defense by a preponderance of the

evidence. The Court will not admit evidence of this defense unless the defendant

notifies the prosecution prior to the pretrial hearing in the case of the defendant’s intent

to assert the affirmative defense.

(d) Analyses of blood or breath samples obtained more than two (2) hours after

the alleged fishing or assisting in fishing activity may be used as evidence that within

two (2) hours of the alleged fishing or assisting in fishing activity, a person had an

alcohol concentration of 0.08 or more in violation of §14.1.48(a)(1), and in any case in

which the analysis shows an alcohol concentration of above 0.08 it may be used as

evidence that a person was under the influence of or affected by intoxicating liquor,

marijuana, or any drug in violation of §§14.1.48(a)(2) or (3).

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(e) Violation of this section is a Class C offense. (Res. 2025-146, passed Jun.

25, 2025)

ENFORCEMENT

14.1.49. Fisheries Patrol Officers. (a) The Tribe is responsible for hiring one (1) or

more persons to serve as fisheries patrol officers.

(b) The Tribal Council has the power to enter into an agreement with another

tribe whereby the fisheries enforcement officer of the other tribe may act as fisheries

patrol officer for the Suquamish Indian Tribe.

(1) Have the authority to enforce the provisions of this chapter and all

emergency and annual regulations promulgated hereunder;

(2) Regularly patrol waters wherein tribal fishers are engaged in fishing;

and

(3) Regularly patrol the usual and accustomed fishing areas of the

Suquamish Indian Tribe.

(d) The Tribal Council may, upon request from a fisheries patrol officer, appoint

and deputize additional persons to assist the fisheries patrol officer in the performance

of his or her duties.

(e) Fisheries patrol officers also have all power and authority duly delegated to

them by the Suquamish chief of police as well as the authority to arrest any tribal

member or Indian person fishing in violation of this chapter.

(f) It is unlawful for any person to resist, obstruct, or interfere with any duly

authorized tribal fisheries patrol or law enforcement officer in the performance of official

duties pursuant to this chapter or any other tribal regulations. Violation of this

subsection is a Class A offense. (Res. 2003-104 (part), passed Aug. 11, 2003;

renumbered by Res. 2025-146, passed Jun. 25, 2025)

14.1.50. Nature of Violations. (a) A violation under this chapter will be designated as:

(1) A criminal violation;

(2) A civil violation requiring the alleged violator to appear before the Court

for a preliminary hearing (mandatory appearance); or

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(3) A civil violation which can be resolved without the violator appearing

before the Court.

(b) Any violation for which a penalty is not explicitly set forth in this chapter is

deemed a Class C offense. (Res. 2003-104 (part), passed Aug. 11, 2003; renumbered

by Res. 2025-146, passed Jun. 25, 2025)

14.1.51. Criminal Citation. In lieu of arrest under §14.1.49(e), fisheries patrol officers

have the discretion to issue a citation on a form approved by the Tribe, provided that:

(a) The defendant has satisfactorily been identified;

(b) The defendant has signed the citation;

(d) The defendant has no history of previous failure to respond to lawful process

of the Suquamish Indian Tribe; or

(e) There is no substantial likelihood the defendant will refuse to respond to the

citation. (Res. 2003-104 (part), passed Aug. 11, 2003; renumbered by Res. 2025-146,

passed Jun. 25, 2025)

14.1.52. Civil Citation. (a) A fisheries patrol officer has the authority to issue a civil

citation for a civil violation of this code or any regulations adopted thereunder when the

offense is committed in the officer’s presence or when the officer otherwise has

probable cause to believe that an offense has been committed. The citation must be on

a form approved by the Tribe and must include the following:

(1) The name of the offender;

(2) The date, time, and location of the incident;

(3) The section of this chapter which has been violated;

(4) Whether or not a court appearance is mandatory;

(5) The monetary penalty for the offense (unless the defendant is required

to appear in court);

(6) A space for the defendant to sign, promising to appear for the court

date (if required). If the defendant refuses to sign the citation, the officer will

write “refused” in the space provided. A person who refuses to sign a citation is

presumed to have notice of its contents, including the time and date given for

hearing.

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(7) Instructions to the defendant (when an appearance is not required) that

he or she can either pay the penalty, request a hearing to explain the

circumstances surrounding the violation, or request a hearing to contest the

charge.

(8) Notice to the defendant (when an appearance is not required) that the

fine must be paid or a hearing requested within seven (7) days of receiving the

citation.

(b) Nothing in this section precludes the Tribe from instituting proceedings by

filing a civil complaint. (Res. 2003-104 (part), passed Aug. 11, 2003; renumbered by

Res. 2025-146, passed Jun. 25, 2025)

14.1.53. Mandatory Court Appearance. (a) When a defendant is required to appear for

a preliminary hearing, he or she must appear at the time and date stated on the notice

of infraction or summons, unless a continuance is granted.

(b) At the preliminary hearing, the defendant must:

(1) Admit liability and pay the fine;

(2) Admit liability but request a mitigation hearing; or

(3) Deny liability and request a hearing to contest the charge. (Res. 2003104 (part), passed Aug. 11, 2003; renumbered by Res. 2025-146, passed Jun.

25, 2025)

14.1.54. Resolution without Court Appearance. (a) When a civil violation has occurred

and the defendant is not required to appear in Tribal Court for a preliminary hearing, he

or she must within seven (7) days of receiving a notice of infraction:

(1) Admit liability and pay the fine;

(2) Admit liability and request a mitigation hearing to explain the

circumstances surrounding the offense; or

(3) Deny liability and request a hearing to contest the charge.

(b) No further proceedings will be initiated against any person who pays the fine

pursuant to subsection (a)(1). (Res. 2003-104 (part), passed Aug. 11, 2003;

renumbered by Res. 2025-146, passed Jun. 25, 2025)

14.1.55. Mitigation Hearing. (a) At the mitigation hearing, the defendant has the burden

of proof.

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(b) The defendant may present evidence of mitigating circumstances and ask the

Court to reduce the monetary penalty. (Res. 2003-104 (part), passed Aug. 11, 2003;

renumbered by Res. 2025-146, passed Jun. 25, 2025)

14.1.56. Hearing to Contest Charge. (a) At a hearing to contest a civil charge, the

Tribe has the burden of proving by a preponderance of the evidence that the defendant

committed the offense.

(b) If the Tribe does not meet its burden, the case will be dismissed with

prejudice.

mitigating factors. (Res. 2003-104 (part), passed Aug. 11, 2003; renumbered by Res.

2025-146, passed Jun. 25, 2025)

14.1.57. Failure to Appear for Hearing or Deny Liability. (a) Any person who does not

appear for a hearing under §14.1.53, or who fails to deny liability within seven (7) days

of receiving a citation under §14.1.54, will be deemed to have admitted committing the

charged offense. The Court will enter a default judgment against the offender if it finds

that:

(1) The notice of infraction was issued;

(2) The offender was informed of the date and time of the hearing, or his

or her duty to pay the fine or request a hearing; and

(3) The offender did not appear at the appointed time and place, or did not

pay the fine or request a hearing within seven (7) days of receiving a citation.

(b) The Tribe may institute a civil proceeding to collect the fine and up to an

additional one hundred fifty dollar ($150) penalty. (Res. 2003-104 (part), passed Aug.

11, 2003; renumbered by Res. 2025-146, passed Jun. 25, 2025)

14.1.58. No Right to Appointed Counsel. No person is entitled to appointed counsel

when the charged offense is a civil infraction. (Res. 2003-104 (part), passed Aug. 11,

2003; renumbered by Res. 2025-146, passed Jun. 25, 2025)

14.1.59. No Right to Jury Trial for Civil Offense. No person is entitled to a jury trial

when the charged offense is a civil infraction. (Res. 2003-104 (part), passed Aug. 11,

2003; renumbered by Res. 2025-146, passed Jun. 25, 2025)

14.1.60. Search and Seizure. (a) Fisheries patrol officers may conduct routine

administrative inspections without a warrant and at reasonable times in a reasonable

manner of:

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(1) Containers, fishing vessels, fishing equipment, fish, seaweed, shellfish,

and wildlife of any person engaged in fishing, fish buying or dealing, trafficking or

otherwise distributing or receiving fish, shellfish, or wildlife; and

(2) Records required under this chapter of any person engaged in fishing,

fish buying or dealing, or any person engaged in fishing or trafficking or otherwise

distributing or receiving fish, shellfish, or wildlife.

(b) A fisheries patrol officer may search without warrant any gear, vehicle, boat,

conveyances, containers, packages, or other receptacles capable of holding fish,

seaweed, shellfish, and wildlife or any place which he or she has probable cause to

believe contains evidence of violations of law or regulations adopted or permits issued

pursuant to this chapter.

to be made in any place described in the warrant upon finding probable cause, based

on a law enforcement affidavit, that evidence of a crime under this chapter and/or

regulations adopted hereunder exists in the place(s) to be searched. Such warrants will

be issued pursuant to the criminal rules of the Tribal Court.

(d) A fisheries patrol officer may seize any fish or fishing gear used in taking the

fish if he or she has probable cause to believe a violation of this chapter has occurred.

(e) When seizing fish or equipment, the officer will follow the procedures below:

(1) The officer will prepare a written inventory of each item seized and, if

possible, make a photographic record. The officer will make a reasonable

attempt to identify the owner of the equipment. The defendant, if present, will

receive a copy of the inventory; otherwise a reasonable attempt to mail a copy to

the defendant will be made by the officer.

(2) The officer will, as soon as practicable, sell all marketable fish seized

at prevailing market price. All proceeds from the sale will be immediately turned

over to the tribal Fisheries Director and thereafter deposited in a special account.

The defendant will receive a receipt for the sale of seized fish. Unmarketable fish

will be destroyed.

(3) All other equipment seized pursuant to this chapter will, as soon as

practicable, be placed in the custody of the tribal Fisheries Director. Recovery of

seized equipment is governed by §14.1.61 of this chapter. (Res. 2003-104

(part), passed Aug. 11, 2003; amended by Res. 2023-279, passed Dec. 4, 2023;

renumbered by Res. 2025-146, passed Jun. 25, 2025)

14.1.61. Return of Property. Any person who has had equipment seized pursuant to

§14.1.60 may petition the Court to issue an order of release. The Tribal Court will make

a determination based on the reports and testimony presented to it that serves the

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interests of justice and the fishery resource. The Tribal Court will expedite, to the extent

practicable, all hearings requested under this section. (Res. 2003-104 (part), passed

Aug. 11, 2003; renumbered by Res. 2025-146, passed Jun. 25, 2025)

14.1.62. Forfeiture Procedure. (a) Upon the finding of a violation of this chapter:

(1) The Tribal Court will order the forfeiture of all fish proceeds derived in

violation of this chapter; and

(2) After notice and an opportunity for hearing, the Suquamish Tribal Court

may enter an order of forfeiture of any and all equipment seized pursuant to

§14.1.60.

(b) All unclaimed equipment seized for violation of this chapter for which the

owner cannot be identified will be forfeited. The Tribal Court will order posting of notice

of confiscation at all normal places used for posting of regulations. The notice must

describe the equipment seized and must set a firm date, not less than fifteen (15) days

after last posting, for hearing on whether the equipment should be forfeited. Upon or

after the date previously established for the hearing in the notice, the Suquamish Tribal

Court may enter an order forfeiting the equipment. (Res. 2003-104 (part), passed Aug.

11, 2003; renumbered by Res. 2025-146, passed Jun. 25, 2025)

14.1.63. Disposition of Property Forfeited. (a) All equipment or proceeds forfeited by

order of the Suquamish Tribal Court will be placed in the custody of the Fisheries

Director for the use and benefit of the Suquamish Indian Tribe.

(b) Any equipment or proceeds not forfeited by order of the Suquamish Tribal

Court will be returned to the defendant after the completion of the case and after the

fines, if any, have been paid. (Res. 2003-104 (part), passed Aug. 11, 2003;

renumbered by Res. 2025-146, passed Jun. 25, 2025)

14.1.64. Conviction as Bar. (a) At the recommendation of the Fisheries Director, any

person who has been convicted of a criminal offense under this chapter may be

prohibited for a period not to exceed one (1) year:

(1) From serving on the Fish and Wildlife Committee; and/or

(2) From being employed by the tribal fisheries program.

(b) A person who has been convicted of a criminal offense during his or her term

of appointment or employment with the tribal fisheries program may be removed from

said office or employment at the recommendation of the Fisheries Director for a period

not to exceed one year. (Res. 2003-104 (part), passed Aug. 11, 2003; amended by

Res. 2024-312, passed Aug. 8, 2024; renumbered by Res. 2025-146, passed Jun. 25,

2025)

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14.1.65. Construction. This chapter will be liberally construed to give full effect to the

objectives and purposes for which it was enacted. (Res. 2003-104 (part), passed Aug.

11, 2003; renumbered by Res. 2025-146, passed Jun. 25, 2025)

14.1.66. Severability. If any provision of this chapter is held invalid, the remainder of

the chapter is not affected. (Res. 2003-104 (part), passed Aug. 11, 2003; renumbered

by Res. 2025-146, passed Jun. 25, 2025)

VIOLATION – PENALTIES

14.1.67. Classes of Offenses. (a) Class A Offense. A Class A offense is a gross

misdemeanor punishable by up to nine (9) months in jail and up to a five thousand

dollar ($5,000) fine. The Court will also order the forfeiture of any fish or proceeds

obtained as a result of the offense. The Court may order forfeiture of any and all gear

used in the offense. The commission of a Class A offense may result in the suspension

of the defendant’s fishing privileges for a period not to exceed one (1) year.

(b) Class B Offense. A Class B offense is a misdemeanor punishable by up to

six (6) months in jail and up to a two thousand five hundred dollar ($2,500) fine. The

Court will also order the forfeiture of any fish or proceeds obtained as a result of the

offense. The Court may order forfeiture of any and all gear used in the offense. The

commission of a Class B offense may result in the suspension of the defendant’s fishing

privileges for a period not to exceed three (3) months. A third or greater Class B

offense committed within one (1) year of the first Class B offense is a Class A offense.

will be required to appear in court for a preliminary hearing (mandatory appearance).

Up to a one thousand five hundred dollar ($1,500) penalty may be imposed for the

commission of a Class C offense, plus any fish or proceeds obtained as a result of the

violation. However, the Court may consider any mitigating circumstances and reduce

the penalty accordingly. A third or greater Class C offense committed within one (1)

year of the first Class C offense is a Class B offense.

(d) Class D Offense. A class D offense is a civil offense for which the defendant

will be required to appear in court for a preliminary hearing (mandatory appearance).

Up to a five hundred dollar ($500) penalty may be imposed for the commission of a

Class D offense, plus any fish or proceeds obtained as a result of the violation.

However, the Court may consider any mitigating circumstances and reduce the penalty

accordingly.

(e) Class E Offense. A class E offense is a civil offense for which the defendant

will not be required to appear in court for a preliminary hearing. Up to a one hundred

dollar ($100) penalty may be imposed for the commission of a Class E offense, plus any

fish or proceeds obtained as a result of the offense. However, the Court may consider

any mitigating circumstances and reduce the penalty accordingly. (Res. 2003-104

(part), passed Aug. 11, 2003; renumbered by Res. 2025-146, passed Jun. 25, 2025)

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14.1.68. Prohibited Acts.

(a) Manner of Fishing.

(1) Exceeding Bag Limit. It is unlawful for any person to kill, take, or catch

any species of fish in excess of the number fixed as the bag limit in applicable

regulations. Violation of §14.1.6 or §14.1.7 is a Class C offense.

(2) Illegal Dumping. It is unlawful for any person to abandon gear

(§14.1.4(a)) or discard any object, debris, or waste related to the act of fishing

upon any property or in any waters. Violation of this subsection is a Class D

offense.

(b) Miscellaneous.

(1) Destruction of Posted Official Regulations. It is unlawful for any person

to destroy, tear down, shoot at, deface, or erase any official printed matter or

signs authorized by the Tribal Council or fish and wildlife committee advising

tribal members of tribal fishing regulations. Violation of this subsection is a Class

C offense.

(2) Health Violations. It is unlawful to violate any health regulations

implemented pursuant to §14.1.13. Violation of this subsection is a Class C

offense.

(3) Other Violations. In addition to the prohibited acts set out above, it is

unlawful for any member to violate any other provision of this chapter, any

regulation adopted by the Tribal Council or Fisheries Director, any emergency

regulation, or any other requirement contained herein, which is now in effect or

hereafter may be promulgated. Violation of this subsection is a Class C offense.

(Res. 2003-104 (part), passed Aug. 11, 2003; reference to §7.25.1(1)(a–d)

corrected to §7.25.1(a), May 24, 2008; amended and renumbered by Res. 2025146, passed Jun. 25, 2025)

Note 1: Res. 2016-097, passed Jul. 11, 2016, renumbered several sections of this chapter for

consistency.

Note 2: All instances of the word “shall” have been removed and replaced with more specific terms. (Res.

2016-168, Oct. 31, 2016)

Note 3: In the draft approved by the Tribal Council amending this chapter through Resolution 2016-168,

sections 14.1.51(a)(3) and 14.1.51(b)(2) contained errors in cross-references. These sections were

updated to reflect the correct cross-references before codification.

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This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.