SKOKOMISH ON-RESERVATION AND TREATY FISHING ORDINANCE

SKOKOMISH ON-RESERVATION AND TREATY FISHING ORDINANCE

Adopted by Resolution No. 97-15 (February 26, 1997)

Amended by Resolution No. 97-80A (November 19, 1997)

Amended by Resolution No. 98-49 (June 17, 1998)

Amended by Resolution 98-69 (August 26, 1998)

TABLE OF CONTENTS

GENERAL PROVISIONS

7.02.001 Title

7.02.002 Authority and Declaration of Policy

7.02.003 Definitions

7.02.004 Jurisdiction

7.02.005 Liberal Construction

7.02.006 Informal Cross References

7.02.007 Severability

FISHERIES ADMINISTRATION

7.02.020 General Closure

7.02.021 Treaty Fishing Outside Usual and Accustomed Grounds Prohibited

7.02.022 [Reserved]

7.02.023 Fisheries Manager

7.02.024 Fish Committee Membership and Responsibility

7.02.025 Adoption of Annual Regulations; Emergency Regulations

7.02.026 Delegation to Treaty Council of In-Common Fishery Management

7.02.027 Fishing Areas/Catch Reporting Districts

7.02.028 Special Provisions for On-Reservation Fisheries

7.02.029 Test Fishery

ELIGIBLE FISHERMEN

7.02.040 Enrolled Members

7.02.041 Non-member Indian Spouses

7.02.042 Minors

7.02.043 Non-Members Fishing Non-Commercially On-Reservation

7.02.044 Biological Personnel

7.02.045 Fishing Vessel Assistance

REQUIRED IDENTIFICATION AND PERMITS

7.02.050 General Requirements

7.02.051 Tribal Fishing Identification Card

7.02.052 Subsistence and Recreational Fishing

7.02.053 Commercial Fishing and Shellfish Harvesting

7.02.054 Ceremonial Fishing

7.02.055 Damaged or Lost Fishing Permits and Tribal Identification Cards

7.02.056 Fisheries Personnel

FISHING VESSEL OWNERSHIP AND REGISTRATION

7.02.070 Fishing Vessel Ownership

7.02.071 Fishing Vessel Registration

7.02.072 Use of Tribally Registered Boat by Unauthorized Person

7.02.073 Use of Purse Seiner Prohibited

SPECIFIC GEAR PROVISIONS

7.02.080 Marine Drift Nets

7.02.081 Marine Set Nets

7.02.082 Beach Seines

7.02.083 River Gillnets

7.02.084 Hook and Line - Subsistence and Recreational Fishing

7.02.085 Shellfish - Hand‑Held Gear Only

7.02.086 Shellfish Pots

7.02.087 Prohibited Gear and Removal of Gear

7.02.088 Fishery Activities Requiring Artificial Breathing Apparatus

CATCH REPORTING AND THE SALE OF FISH

7.02.100 Sale of Fish and Shellfish

7.02.101 Completion of Fish Tickets

7.02.102 Tax on Fish Sold Commercially

7.02.103 Buyer Licensing and Regulating On Reservation Fish Buyer

ENFORCEMENT

7.02.110 Fisheries Enforcement Officers

7.02.111 Complaint or Citation to Tribal Court

7.02.112 Arrest

7.02.113 Search And Seizure

OFFENSES

7.02.120 General Fishing Violations

7.02.121 Fisheries Enforcement - Related Violations

7.02.122 Identification, Permit and Vessel Registration Violations

7.02.123 Fishing Vessel and Gear Ownership Violations

7.02.124 Fishing Assistant Violations

7.02.125 Minors - Violations

7.02.126 Fish Ticket, Catch Reporting and Sale of Fish Violations

7.02.127 Net Violations

7.02.128 Shellfish Violations

7.02.129 Diving Violations

SENTENCING GUIDELINES

7.02.140 Classification of Offenses for Sentencing and Bail

7.02.141 Sentencing Guidelines

7.02.142 Penalties - First Violation, Community Service

7.02.143 Penalties - Second and Subsequent Violations

7.02.144 Bail

ADMINISTRATIVE APPEALS PROCEDURE

7.02.150 Appeal from Decision of Fisheries Manager and Fish Committee

7.02.151 Appeal from Final Determination of Fish Committee to Tribal Council

General Provisions

7.02.001 Title

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

7.02.002 Authority and Declaration of Policy

Fishing is central to the cultural and economic existence of the Skokomish Indian Tribe and its members. This On-Reservation and Treaty Fishing Ordinance is enacted pursuant to the inherent sovereign authority of the Skokomish Indian Tribe and applicable federal law. By this Ordinance and the regulations adopted under it, the Skokomish Indian Tribe intends to exercise control over fishing, shellfishing and related activities to the fullest extent of tribal jurisdiction in order to properly regulate, manage and protect all of the fisheries resources available to the Tribe and to insure their continued availability to the Tribe and its members. Nothing in this Ordinance shall be construed as a relinquishment, abrogation or abridgment of any treaty right of the Skokomish Indian Tribe.

7.02.003 Definitions

(a) Where a term is not defined in this Ordinance, it shall be given its ordinary meaning. Words and phrases used in the past, present or future tense shall include the past, present and future tenses; words and phrases used in the masculine, feminine or neuter gender shall include the masculine, feminine and neuter genders; and words and phrases used in singular or plural shall include the singular and plural, unless the context indicates otherwise.

(b) Terms used in this Ordinance, and regulations adopted under it, shall have the following meaning given to them in this section, except where otherwise specifically defined and unless the context clearly indicates otherwise:

(1) "Accompany" or "Accompanied" means in the immediate physical presence of another person.

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

(A) Any handling of the fishing or shellfishing gear, nets, ropes and lines being used by the member;

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

(i) Cause or result in fish, shellfish or marine resources being caught by the member; or

(ii) Affect the sale of fish or shell fish, including transporting to the place of initial sale.

(3) "Beach Identification Number" or "BIN" means the six-digit number or other number agreed to by the State of Washington and the Tribe to identify a beach managed for shellfish harvest by the Skokomish Indian Tribe.

(4) "Beach Seine" means a type of net used to capture fish in near-shore areas by encircling them using a process commonly known as seining.

(5) "Biological Personnel" or "Biologist" means trained biologists and technicians who are employed by the Tribe and/or the Point No Point Treaty Council and/or the Northwest Indian Fisheries Commission and whose duties include advising on the management and/or enhancement of tribal fisheries.

(6) "Buyer" means a person who purchases fish, shellfish or marine resources from the fishermen who caught the fish, shellfish or marine resources or who, for commercial purposes, smokes or otherwise processes and sells fish, shellfish or marine resources he has caught himself.

(7) "Ceremonial Fishing" means the taking of fish, shellfish, or other fishery resources for use in tribal ceremonies, and is exclusive of fishing for subsistence and commercial fishing.

(8) "Crab Pot" is an enclosed trap with at least two escape rings or ports located in the upper half of the trap.

(9) "Commercial Fishing" means fishing, shellfishing, or the taking of any other fishery resource with the intent to sell or profit economically. Commercial fishing does not include:

(A) Barter among Skokomish tribal members;

(B) Subsistence or ceremonial fishing;

(C) "Road sales" for purposes of the fish tax requirements, when conducted in compliance with this Ordinance and regulations adopted under it.

(10) "Depth of Net" means the total distance between cork and lead line measured in meshes perpendicular to either cork or lead line.

(11) "Drift Net" or "pole net" gear means a gillnet which is not staked, anchored or weighted but drifts free.

(12) "Enrolled Member," "Member" or "Enrolled Person" means any person who is an enrolled member of the Skokomish Indian Tribe.

(13) "Exercise Treaty Fishing Rights" and "Exercise Tribal Fishing Rights" include, but are not limited to:

(A) Harvesting, transporting, processing, offering for sale or barter, any fish, shellfish or marine resources purportedly pursuant to treaty fish and shellfish rights; and/or

(B) Traveling to and from such activities, purportedly pursuant to treaty fish and shellfish rights.

(14) "Fish" means any edible fishery resource including, but not limited to, salmon, steelhead, other anadromous fish, bottomfish, shellfish, etc., and any part thereof.

(15) "Fish Committee" means the Skokomish Tribal Fish Committee established pursuant to this Ordinance.

(16) "Fisheries Enforcement Officer" means a person delegated the responsibility of enforcing this Ordinance and the regulations promulgated under it.

(17) "Fishing" means:

(A) Attempting to catch, trap, net or otherwise take any fish from its natural habitat by any means whatsoever; and/or

(B) Possessing any fish on a fish site after having caught the fish by any means previously described in this definition.

(18) "Fishing Vessel" or "Vessel" means any boat used to deploy, retrieve or transfer fishing or shellfishing gear or marine products.

(19) "Fishing Gear" or "Gear" means all types and sizes of hooks, nets, spears, gaffs, lines, traps, rakes, shovels and appliances and other apparatus used to catch, trap, net or otherwise take fish, shellfish or marine resources.

(20) "Fish Ticket" means the form provided by the State of Washington to licensed fish buyers for recording the sale of all commercial fisheries products.

(21) "Gaff and Snag Line" means hand-operated gear used to impale fish by pursuing and striking the individual fish with the gear.

(22) "Gillnet" means a net of web construction bound at the top by a float line and at the bottom by a weight line.

(23) "Hand Dip Net" means a section of netting distended by a rigid frame, operated by a process commonly recognized as dipping.

(24) "Head of Household" means any member of the Tribe who is exclusively or substantially responsible for providing his or her own care and maintenance or the care and maintenance of his or her family.

(25) "Hook-and-Line" or "hand-line" means a single line, attached to which are no more than two single-point hooks or one treble-point hook.

(26) "Management Period" means the time interval during which the majority of a fish or shellfish species are accessible to capture. A management period is specific to a species and location.

(27) "Marine Resource" means all marine vegetation and marine life, other than fin fish and shellfish, which inhabit the intertidal and sub-tidal zones of the marine environment and may be utilized by humans for personal, spiritual or commercial purposes.

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

(29) "Non-Member" means any person who is not an enrolled member of the Skokomish Indian Tribe.

(30) The term "Person" may be construed to include the United States, any state or territory, any Indian tribe, or any public or private corporation or entity, as well as an individual, but shall not include the Skokomish Indian Tribe as a sovereign entity.

(31) "Point No Point Treaty Council" or "Treaty Council" means the confederacy of Indian Tribes in the Point No Point Treaty area established for the purpose of unifying management of the tribal fisheries resource in the Point No Point Treaty area.

(32) "Polluted Beach" or "Polluted Area" means any area closed to shellfish harvest by the Skokomish Indian Tribe because pollution has caused shellfish in the area to become a hazard to human health.

(33) "Purse Seiner" means a fishing vessel which carries machinery for the power retrieval of seine nets.

(34) "Reservation" means the Skokomish Indian Reservation established pursuant to the Treaty of Point No Point of January 26, 1855, 12 Stat. 933, and the Executive Order of February 25, 1874.

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

(36) "Skokomish Indian Tribe" or "Tribe" means the present-day sovereign tribal entity which is the political successor in interest to certain tribes, bands or groups of Indians who were parties to the Treaty of Point No Point.

(37) "Set Net" means a gillnet which is anchored, tied, stationed, laid in part on shore or whose lead line is so heavily weighted that it cannot drift.

(38) "Shellfish" means al marine invertebrates or any parts thereof, including, but not limited to, littleneck, manila, horse, butter and geoduck clams; cockles; scallops; squid; octopus; mussels; sea cucumbers; sea urchins; oysters; shrimp; and crab.

(39) "Shellfishing" means:

(A) Attempting to catch, trap, net or otherwise take any shellfish from its natural habitat by any means whatsoever; and/or

(B) Possessing any shellfish on a shellfish site after having caught the shellfish by any means previously described in this definition.

(40) "Shrimp Pot" means an enclosed trap made of netting stretched over a rigid frame that incorporates entry tunnels.

(41) "Stretched Measure" means the distance between the inside of one knot to the outside of the opposite knot on one mesh of netting material. This measurement shall be taken when the mesh is stretched vertically while wet, by using a tension of ten (10) pounds on any three (3) consecutive meshes, then measuring the middle mesh of the three (3) while under tension.

(42) "Subsistence Fishing" means the taking of fish, shellfish, or other fishery resources for personal consumption by tribal members and their families. Subsistence fish is exclusive of fishing for commercial or ceremonial uses.

(43) "Test Fishery" means a fishery allowed on a limited basis for the purpose of acquiring technical or management information including stock strength, timing, species or stock composition, gear selectivity, exploitation rate, and enhancement possibilities.

(44) "Tribal Council" means the duly constituted governing body of the Skokomish Indian Tribe delegated authority by the Skokomish General Council to conduct and regulate the business of and act on behalf of the Skokomish Indian Tribe.

(45) "Tribal Court" means the Skokomish Tribal Court or any court established by the Tribe or Point No Point Treaty Council to adjudicate violations of this Ordinance and regulations promulgated under it.

(46) "Tribal Fisherman" means any person, whether or not a member of the Tribe, who is exercising any tribal fishing or shellfishing rights or who is assisting in the exercise of such rights pursuant to tribal authorization.

(47) "Troll Gear" means a series of fishing lines attached to a fishing vessel which are retrievable either manually or hydraulically.

(48) "U.S. v. Washington" means the decision of the U.S. District Court United States v. State of Washington, 384 F. Supp. 312 (W.D. Wash. 1974), aff'd 520 F.2d 676 (9th Cir. 1975) cert. denied 423 U.S. 108 and all applicable post-trial orders and proceedings.

(49) "Usual and Accustomed Fishing Grounds" or "U&A" means all waters of Hood Canal south of a line connecting Olele Point and Foulweather Bluff, and all freshwater streams draining into Hood Canal and all water bodies in the Hood Canal Watershed drainage.

7.02.004 Jurisdiction

(a) Territory.

The provisions of this Ordinance and all rules and regulations adopted under it shall apply to the fullest extent of the sovereign jurisdiction of the Skokomish Indian Tribe authorized by the Constitution of the Skokomish Indian Tribe, the Treaty of Point No Point and applicable federal law. The provisions of this Ordinance shall apply to and be in conformity with all agreements and other cooperative arrangements entered into by the Skokomish Indian Tribe designed to provide tribal access to available fisheries and to provide effective fisheries management in the Point No Point Treaty area.

(b) Persons.

The provisions of this Ordinance and all rules and regulations adopted under it shall apply to all persons who are eligible to fish under this Ordinance, all persons who claim to be exercising fishing rights secured to the Skokomish Indian Tribe by the Treaty of Point No Point or other applicable treaties or agreements, and to all persons fishing within the exterior boundaries of the Skokomish Reservation.

7.02.005 Liberal Construction

This Ordinance shall be liberally construed to give full effect to the objectives and purposes for which it was enacted.

7.02.006 Informal Cross References

Cross reference notations found within the body of the Ordinance are designed to assist people using the Ordinance and are informational only. Cross referencing a provision to an offense section or the failure to do so does not carry any legal effect.

7.02.007 Severability

If any provision of this Ordinance, or its application to any person, legal entity or circumstance, is held invalid, the remainder of the Ordinance, or the application of the provision to other persons or legal entities or circumstances, shall not be affected.

Fisheries Administration

7.02.020 General Closure

The waters and beaches of the Skokomish Reservation and all waters and beaches off-Reservation fished by the Skokomish Indian Tribe are closed to the taking of fish, shellfish and other marine resources unless specifically opened by this Ordinance or by regulations adopted under it.

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

7.02.021 Treaty Fishing Outside Usual and Accustomed Grounds Prohibited

No tribal member shall attempt to exercise the treaty fishing rights of the Skokomish Indian Tribe in any area which is outside the usual and accustomed fishing grounds of the Skokomish Indian Tribe except where formally invited.

[Cross reference: Section 7.02.120(a) - Fishing Outside the Usual and Accustomed Fishing Grounds is a Class A offense]

7.02.022 [Reserved]

7.02.023 Fisheries Manager

(a) The Skokomish Fisheries Manager shall be an employee of the Skokomish Department of Natural Resources.

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

(1) Managing the Skokomish Tribal Fishery and coordinating the management of the Tribal Fishery with the Point No Point Treaty Council staff;

(2) Promulgating fishing regulations for review by the Skokomish Fish Committee and approval by the Tribal Council; and

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

(c) The Skokomish Fisheries Manager shall carry out any other duties delegated to him by this Ordinance or by the Tribal Council.

7.02.024 Fish Committee Membership and Responsibility

(a) Role of Fish Committee.

The Fish Committee shall act in a regulatory and advisory capacity to the Fisheries Manager, the Tribal Council, and the Treaty Council, and shall carry out any other fisheries related duties assigned to it by the Tribal Council or this Ordinance. Issues which may be addressed by the Fish Committee include:

(1) Recommending the times when and places where the taking of fish, shellfish and other marine resources is lawful, with preference to ceremonial and subsistence fishing;

(2) Recommending and defining the types, sizes and other characteristics of fishing gear not already defined in this Ordinance;

(3) Recommending the time, place and manner in which it will be lawful to use any fishing gear;

(4) Recommending additional requirements and conditions of the issuance and use of tribal fishing permits; and

(5) Regulating all other aspects of the Tribal fishery which the Tribal Council refers to the Fish Committee.

(b) Reports to Council.

The Fish Committee shall make periodic reports to the Tribal Council of its recommendations, actions and decisions.

Except as otherwise provided in this Ordinance or by the Tribal Council, no recommendation, action or decision of the Fish Committee shall become effective until it has been reviewed and approved by the Tribal Council.

(d) Appointment, Membership and Term.

The Tribal Council shall appoint a Fish Committee which shall consist of seven (7) tribal members and the Fisheries Manager. The Fisheries Manager shall be a permanent member of the Fish Committee and shall vote only in the case of a tie. The terms of office for Fish Committee members shall be staggered and each term shall be for a period of three (3) years.

(e) Quorum, Voting.

For the purpose of conducting business, a quorum of the Fish Committee shall be four (4) members, one of whom may be the Fisheries Manager.

(1) Fish Committee decisions shall be by simple majority vote of the members present.

(2) Fish Committee members who disagree with the decisions of the Fish Committee may express their dissent and their reasons for it to the Tribal Council.

(f) Meetings - Notice.

The Fisheries Manager shall be responsible for notifying Fish Committee members of Fish Committee meetings.

(1) Fish Committee meetings shall be held when the Fisheries Manager has made a good faith effort to notify each Fish Committee member of the date, time and location of the meeting.

(2) The Fisheries Manager shall call a meeting at any time deemed necessary by him to implement this Ordinance or at the request of a Tribal Council member or a Fish Committee member.

(g) Vacancy, Resignation, Removal from Committee:

(1) The Tribal Council may declare a position on the Fish Committee to be vacant if a Fish Committee member is unwilling or unable to fulfill his or her duties.

(2) If a member of the Fish Committee fails to attend at least 50% of the regularly scheduled Fish Committee meetings in any three month period, such member shall be notified in writing by the Fisheries Manager of the concern regarding the member's attendance. If, within a year after such notice, the same member again fails to attend 50% of the meetings in any three month period, that individual's membership shall be submitted to the Tribal Council for review.

(3) No person who, in the past year, has been convicted of three Class C, one Class A, or one Class B violation of this Ordinance or a regulation promulgated under it shall be allowed to serve on the Fish Committee for a period of two (2) years after his or her last conviction.

(A) A person so convicted during his or her term of office on the Fish Committee may be removed from office upon conviction.

(B) Such removal shall be at the discretion of the Tribal Council.

(C) A person so convicted shall not participate as an active member of the Fish Committee pending a decision by the Tribal Council regarding the person's continued membership.

(4) If a Fish Committee member resigns or a position otherwise becomes vacant before the term of that position expires, the Tribal Council shall appoint a Tribal member to serve the unexpired term.

7.02.025 Adoption of Annual Regulations; Emergency Regulations

(a) Proposed Annual Regulations.

The Fisheries Manager shall prepare or direct the preparation of proposed annual regulations for each species of fish, shellfish and other marine resources to be managed by the Tribe for its fishermen. These proposed regulations shall cover all aspects of tribal fishing consistent with this Ordinance and the requirements of U.S. v. Washington. In preparing the proposed regulations, the Fisheries Manager shall:

(1) Consider all recommendations made to him by the Tribal Council, the Fish Committee, tribal and Treaty Council biologists and other interested parties;

(2) Submit the proposed annual regulations to the Fish Committee for review and recommendation to the Tribal Council; and

(3) Submit the proposed annual regulations to the Tribal Council with a written resolution approving and authorizing the adoption of the annual regulations to be effective on dates specified therein.

(b) Emergency Regulations.

The Fisheries Manager shall have the power to make emergency changes in the annual regulations to insure proper management and conservation of the fisheries resource. The power to make emergency changes in annual regulations includes the power to close a tribal fishery when in his judgment the closure is necessary to meet conservation or allocation needs.

(1) Good Faith Requirement.

Emergency action pursuant to this section shall not occur until the Fisheries Manager has made a good faith effort to consult with the Fish Committee and a tribal biologist or a Treaty Council biologist about the action.

(2) Effective Date.

Emergency regulations issued by the Fisheries Manager shall be effective and enforceable when they are issued or according to their terms and shall remain effective until specifically modified or rescinded by the Fisheries Manager or the Tribal Council. No penalty shall be imposed for violations of an emergency regulation unless twenty-four (24) hours have passed since it was issued and posted, or unless there has been personal written or oral notice of the regulation given to the fisherman by Fisheries Enforcement or Fisheries Management staff, whichever occurs first.

(3) Tribal Council Authority.

The Tribal Council shall at all times retain the right to modify or rescind any or all emergency regulations issued by the Fisheries Manager.

(1) Notice for U.S. v. Washington Species.

Regulations shall be provided to the parties in U.S. v. Washington according to the time schedule and for those species specified in the applicable orders entered in U.S. v. Washington.

(2) Notice for Other Species.

Regulations regarding species not adjudicated under U.S. v. Washington shall be provided to the Tribal Council and appropriate outside agencies.

(3) Notice to Tribal Council.

Copies of all fishing regulations shall be provided to the Tribal Council within a reasonable time.

(4) Posting of Notice of Adopted Regulations.

Copies of all adopted regulations, including emergency regulations, shall be prominently posted within the Reservation and shall be available to Tribal members upon request.

7.02.026 Delegation to Treaty Council of In-Common Fishery Management

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

The Skokomish Tribal Council has the power to delegate to the Treaty Council, by resolution and through the Point No Point Treaty Council Intertribal Fisheries Management Compact, the authority to manage fishing areas the Tribe has in-common with other members of the Treaty Council and the authority to negotiate in-common regulations with tribes which are not members of the Treaty Council.

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

Regulations proposed by the Treaty Council on behalf of the Tribe shall be subject to the same procedural and review provisions as the regulations proposed and promulgated by the Fisheries Manager, including the right of the Tribal Council to reject or modify any regulations proposed by the Treaty Council.

7.02.027 Fishing Areas/Catch Reporting Districts

Annual and emergency fishing regulations may refer to marine areas by area ordinance numbers. The waters represented by these numbers shall be described in the most current State of Washington regulations establishing Puget Sound Commercial Salmon Management and Catch Reporting Areas, as appropriate. Freshwater fishing areas shall be referred to in the regulations by the number ordinance and the name of the stream, river or lake. Beach or other area descriptions for shellfish harvest may be made by reference to those designated by the Washington Department of Fisheries and Wildlife or other beach or area descriptions and maps prepared by the Fisheries Manager.

7.02.028 Special Provisions for On - Reservation Fisheries

(a) Special On-Reservation Net Fishing Regulations:

(1) The Fisheries Manager shall prepare or direct the preparation of the regulations regarding net fishing on the Reservation. In preparing the proposed net fishing regulations, the Fisheries Manager shall:

(A) Consider all recommendations made to him by the Tribal Council, the Fish Committee, tribal and Treaty Council biologists, and other interested parties;

(B) Submit the proposed regulations to the Fish Committee for review and recommendation to the Tribal Council; and

(C) Submit the proposed regulations to the Tribal Council with a written resolution approving and authorizing the adoption of the regulations to the Tribal Council with a written resolution approving and authorizing the adoption of the regulations to be effective on dates specified therein.

(2) Establishment of Fishing Locations.

The Fish Committee shall prepare and recommend for approval by the Tribal Council a list of fishing locations at appropriate places along the Skokomish River and other rivers and streams within the usual and accustomed fishing grounds and a list of enrolled tribal members assigned to such fishing locations:

(A) The locations shall be at intervals established in compliance with Section 7.02.083 of this Ordinance.

(B) Only one enrolled member shall be assigned to each fishing location. An enrolled member assigned to a fishing location may enter into an agreement with another enrolled member to fish the location as a partnership; PROVIDED that such agreement is in writing and filed with the fisheries manager. Under no circumstances may an enrolled member assigned to a fishing location sell, convey, or pledge such assigned fishing location.

(C) An enrolled member assigned to a fishing location shall not use more than one set net at a time at that location. No person shall use more than one set net and one drift net or two set nets in the river at the same time.

(3) Abandonment of Fishing Location.

A fishing site shall be considered abandoned if it is not fished for a period of one year.

(A) Any tribal member wishing to be assigned an abandoned fishing location shall apply in writing to the Fish Committee.

(B) The Fish Committee shall designate and recommend for approval by the Tribal Council a successor to the abandoned fishing location.

(c) An abandoned fishing location shall not be fished until properly reassigned to a tribal member pursuant to this section

(4) Relinquishment of Fishing Location.

(A) Voluntary Relinquishment:

A fishing location may be relinquished upon written notification to the Fish Committee by an enrolled member assigned to the fishing location of their intent to relinquish.

(i) The written notification may designate a successor to the fishing location, PROVIDED such designee is a member of the family and is an enrolled tribal member who has not already been assigned a separate fishing location or is willing to relinquish the separate fishing location.

(ii) If no person is designated within the written notification, any tribal member wishing to be assigned a relinquished fishing location shall apply in writing to the Fish Committee. The Fish Committee shall designate and recommend for approval by the Tribal Council a successor to the relinquished fishing location. Preference for reassigning a relinquished fishing location shall be given to a member of the family, if the family member is an enrolled tribal member who has not already been assigned a separate fishing location or is willing to relinquish the separate fishing location.

(B) Relinquishment upon Death.

A fishing location shall be relinquished upon the death of an enrolled member assigned to the fishing location.

(i) An enrolled member assigned to a fishing location may designate in writing an heir to the fishing location, PROVIDED such heir is a member of the family and is an enrolled tribal member who has not already been assigned a separate fishing location or is willing to relinquish the separate fishing location.

(ii) If no person is designated as an heir, any tribal member wishing to be assigned a relinquished fishing location shall apply in writing to the Fish Committee. The Fish Committee shall designate and recommend for approval by the Tribal Council a successor to the relinquished fishing location. Preference for reassigning a relinquished fishing location shall be given to a member of the family, if the family member is an enrolled tribal member who has not already been assigned a separate fishing location or is willing to relinquish the separate fishing location.

(C) A relinquished fishing location shall not be fished until properly reassigned to a tribal member pursuant to this section.

[Cross reference: Section 7.02.127(d)(2) - Violation of Special On-Reservation Net Fishing Regulations is a Class C offense]

(b) Area Closure.

No gillnet may be operated in that part of Area 12C south of a straight line drawn between the Tacoma City Light Powerhouse to Nalley's Slough, except by tribal fisheries staff for the benefit of the Tribe.

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

No person shall take, attempt to take or harass any salmon species from any tribal, state, federal or tribally recognized private hatchery facility.

[Cross reference: Section 7.02.120(f) - Taking Fish from Hatcheries and Closed Areas is a Class A offense]

7.02.029 Test Fishery

(a) Decision to Conduct Test Fishery.

The Fisheries Manager shall have the power to authorize a test fishery when in his or her professional opinion such a fishery is justified. The Fisheries Manager shall determine the type and amount of gear to be used and the time period and fishing area for the test fishery. There shall be no test fishery other than as directed by the Fisheries Manager and/or the Treaty Council. Other affected management entities shall be given reasonable notice of proposed test fisheries.

(b) Who May Conduct Test Fishery; Use of Proceeds.

Only the Tribe or the Treaty Council may conduct a test fishery. Fish, shellfish or marine resources taken in test fisheries are the property of the Tribe or Treaty Council, whichever conducts the test fishery. All proceeds from the sale of fish, shellfish or marine resources caught in test fisheries shall be remitted to the Tribe or Treaty Council, as appropriate.

In order to participate in a test fishery, a fisherman shall meet the following requirements:

(1) The fisherman shall be an enrolled member of the Skokomish Indian Tribe or other member of the tribe of the Point No Point Treaty Council who is eligible to participate in said Tribe's fishery. Any staff member employed by the Tribe may be present at the test fishery to collect data.

(2) The fisherman shall be experienced in the use of the selected test gear type in the selected test fishing area. In the case of test fisheries which require vessel-deployed drift nets, only those fishermen who have successfully operated their vessel and gear in the most recent regular fishery prior to the test fishery shall be eligible to participate in the test fishery.

(3) The fisherman shall agree to record and provide to the Fisheries Manager all the information regarding the test fishery requested by the Fisheries Manager.

(4) In the event that more than the number of eligible fishermen necessary for a specific test fishery are interested in participating in the test fishery, the participants shall be chosen by a fair drawing conducted by the Fisheries Manager. Participation in the test fishery shall be according to the order established in the drawing for that test fishery. If the test fishery continues long enough for all of the interested fishermen to participate in it once, then the participation of fishermen shall continue by rotating through the order established by the drawing. A fisherman who becomes interested and eligible to participate in an on-going test fishery after the drawing has been held shall be assigned a place at the end of the rotation list established by the drawing. "At the end of the rotation list" shall mean after the last person on the participation schedule as it stands on the day the new fisherman begins participation in the test fishery.

(5) When a selected test fisherman withdraws or is disqualified from participating in the test fishery, the next fisherman on the list shall be designated as his or her replacement. Test fishermen shall not exchange their position on the list before the test fishery begins without the approval of the Fisheries Manager. No exchange of positions shall be made after the test fishery begins.

(6) In the event that a test fishery continues for and extended period of time, with the result that some fishermen have repeatedly participated in it, fishermen who are ineligible to participate because their gear or experience is inadequate may indicate to the Fisheries Manager their desire to be an assistant in the test fishery. The Fisheries Manager may require the test fisherman to select a new assistant each time the test fisherman participates again in that test fishery.

(7) The test fisherman must agree to participate in the test fishery for the amount of compensation provided for within this section.

(8) In the event that no member fisherman possesses the type of gear necessary to conduct a test fishery, a non-member may be hired to fish in a test fishery. It is the Fishery Manager's responsibility to determine if any member fisherman possesses the necessary gear.

(d) Sale of Test Fishery Fish.

Fish, shellfish or marine resources taken in test fisheries shall be sold only on a Test Fishery Card, and not on the individual test fisherman's Tribal Fishing Identification Card.

[Cross reference: Section 7.02.126(i) - Sale of Fish Without Proper Permits, Cards, Identification and Registrations is a Class B offense]

(e) Compliance with Test Fishery Requirements.

Test fishermen shall strictly obey the gear, time, area and reporting requirements of the test fishing program. Failure to comply with the reporting requirements or the gear, time and area restrictions of the test fishing program shall constitute withdrawal from the program, and is a violation of this Ordinance.

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

(f) Compensation of Test Fishermen.

The Fisheries Manager shall determine compensation for test fishermen at the time of authorization of the test fishery and in compliance with existing tribal contractual procedures. Any compensation is conditioned on compliance with all applicable reporting requirements.

(g) Test Fishery Catch exempt from Tax.

The Tribal Fish Tax shall not be applied to the sale of fish or shellfish caught in test fisheries.

Eligible Fishermen

7.02.040 Enrolled Members

Enrolled members of the Skokomish Indian Tribe are eligible to exercise treaty fishing rights, but only in accordance with this Ordinance and applicable regulations.

7.02.041 Non-member Indian Spouses

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

Non-member Indian spouses of enrolled Skokomish Tribal members are eligible to exercise Skokomish tribal fishing rights, PROVIDED that:

(1) The member spouse must accompany the non-member Indian spouse while exercising tribal fishing rights outside the boundaries of the Skokomish Reservation;

(2) The non-member spouse must sign an annual written agreement containing the following;

(A) A voluntary and knowing relinquishment of the commercial treaty fishing rights from his or her Tribe;

(B) An unconditional promise to adhere to all Skokomish Tribal Ordinances and regulations; and

(C) Consent to the jurisdiction of the Skokomish Tribal Court if cited for a violation of this Ordinance, any regulations promulgated pursuant to this Ordinance, or any other law of the Skokomish Indian Tribe.

(b) Definition of Indian.

For purposes of this section, non-member Indian spouses must be enrolled members of a federally recognized Indian tribe; EXCEPT non-member Indian spouses who are not enrolled members of a federally recognized Indian tribe, but who have exercised Skokomish tribal fishing rights prior to the enactment of this code, may continue to exercise those rights.

For purposes of this section, a "spouse" includes any person who is considered to be married under the laws of the Skokomish Indian Tribe or the Sate of Washington.

(d) Divorce or Separation.

A non-member Indian spouse loses the right to exercise Skokomish tribal fishing rights at the time of divorce or separation from the member spouse. The determination of whether the enrolled member and the non member Indian spouse are separated resulting in the loss of Skokomish treat fishing rights shall be made by the Fish Committee.

[Cross reference: Section 7.02.120(1) - Non-Member Fishing Without Authorization is a Civil infraction; Section 7.02.024(a) - Allowing Non-Members to Participate or Assist in Tribal Fishing is a Class A offense]

7.02.042 Minors

(a) Minors Commercial Fishing.

Tribal members who are between