SKOKOMISH TRIBAL ON-RESERVATION AND TREATY HUNTING ORDINANCE
Adopted by Resolution No. * (August 4, 1986)
Amended by Resolution No. 87-22 (May 27, 1987)
Amended by Resolution No. * (August 22, 1987)
Amended by Resolution No. 89-64 (November 29, 1989)
Amended by Resolution No. 90-63 (August 8, 1990)
Amended by Resolution No. 93-44 (July 7, 1998)
Amended by Resolution No. 94-64 (July 19, 1994)
Amended by Resolution No. 95-68 (July 12, 1995)
Amended by Resolution No. 95-96 (September 20, 1995)
Amended by Resolution No. 96-77 (November 13, 1996)
Amended by Resolution No. 97-75 (November 19, 1997)
Amended by Resolution No. 98-61 (July 22, 1998)
Amended by Resolution No. 99-58 (July 14, 1999)
Amended by Resolution No. 04-104 (August 25, 2004)
*These resolutions may have been among the records stored in
the basement of the Tribal Center destroyed by flooding and have been
reaffirmed by the Tribal Council.
TABLE OF CONTENTS
GENERAL PROVISIONS
7.03.001 Title
7.03.002 Declaration
of Policy
7.03.003 Definitions
7.03.004 Jurisdiction
7.03.005 Violation
of 18 U.S.C. 1165
7.03.006 Skokomish
Hunting Committee
7.03.007 Annual
Regulation
7.03.008 Emergency
Regulation
7.03.009 General
Closure
7.03.010 Eligible
Hunters
7.03.011 Hunting
for Ceremonial Use/Extreme Personal Hardship
7.03.012 Hunting
for Another
7.03.013 Designated
Hunter
7.03.014 Invitational
Hound Hunting
CIVIL VIOLATIONS
7.03.020 Hunting
- Permits and Tags
7.03.021 Hunting
- Permit and Tags in Possession
7.03.022 Persons
Barred from Obtaining a Permit and Tag
7.03.023 Hunting
During Closed Season
7.03.024 Possession
of Wildlife Taken During a Closed Season
7.03.025 Hunting
in Closed Area
7.03.026 Hunting
by Unauthorized Persons
7.03.027 Bag
Limits
7.03.028 Reporting
Bagged Game
7.03.029 Trap
Inspection
7.03.030 Interference
with Traps
7.03.031 Wasting
Big Game
7.03.032 Wasting
Game Birds or Game Animals
7.03.033 Selling
Wildlife
7.03.034 Transporting
Big Game Without a Tag
7.03.035 Transporting
Loaded Firearms
7.03.036 Shooting
Firearms Across Public Roads
7.03.037 Shooting
Arrows Across Public Roads
7.03.038 Hunting
from a Vehicle
7.03.039 Hunting
with Artificial Light
7.03.040 Use
of Dogs
7.03.041 Hunting
While Intoxicated
7.03.042 Hunting
by Persons Under Age Eighteen
7.03.043 Shooting
a Person
7.03.044 Hunting
Eagles
7.03.045 Laying
out Bait
7.03.046 Laying
out Poison
7.03.047 Mutilation
of Wildlife
7.03.048 Shooting
Livestock
7.03.049 Big
Game Hunting - Firearms Restrictions
7.03.050 Reckless
Endangerment
7.03.051 Marine
Mammals
7.03.052 Game
Birds - Special Restrictions
7.03.053 Muzzle
Loading Rifles
7.03.054 Defacing
7.03.055 Resisting
7.03.056 Aiding
and Abetting
7.03.057 Hunting
While Privilege is Revoked
7.03.058 Unauthorized
Transfer or Permit, Identification or Tags Prohibited
7.03.059 Violation
of Regulations and Permits
7.03.060 Failure to Produce Identification, Permit and
Tags to Enforcement Officers
7.03.061 Assault
7.03.062 Eluding
7.03.063 Escape
7.03.064 Giving
False Information to an Officer
7.03.065 Failure
to Appear/Respond
7.03.066 Interference
with Wildlife Management Personnel
7.03.067 Animals
Wrongfully Taken
7.03.068 Hunting
Other Than Daylight Hours
ASSESSMENT OF CIVIL PENALTIES
7.03.080 Civil
Fines
7.03.081 Repeat
Offenders
CIVIL PROCEDURES
7.03.090 Purpose
7.03.091 Tribal
Court
7.03.092 Game
Agents
7.03.093 Cross-Deputization
7.03.094 Complaints/Citations
for Civil Hunting Violations
7.03.095 Statute
of Limitations
7.03.096 Notice
of Hearing/Defendant's Choices for Responding
7.03.097 Payment
of Fine in Lieu of Appearance
7.03.098 Rights
at Hearing
7.03.099 Hearing
of Explain the Circumstances
7.03.100 Hearing
to Contest the Violation
7.03.101 Assessment
of Fines - Time Payments Community Service
7.03.102 Failure
to Respond
7.03.103 Default
on Fine
7.03.104 Searches
With or Without Warrant
7.03.105 Seizure
of Wildlife
7.03.106 Return
of Seized Property-Perishable
7.03.107 Return
of Seized Property-Non-Perishable
7.03.108 Forfeiture
Procedures
7.03.109 Disposition
of Property Forfeited
7.03.110 Severability
General Provisions
7.03.001 Title
This ordinance shall
be known as the Skokomish Tribal On-Reservation and Treaty Hunting Ordinance.
7.03.002 Declaration
of Policy
The Skokomish Tribal
Council finds that the availability of wild game is a valuable community
resource and that unregulated hunting of game has potentially damaging
consequences for the tribal community.
Accordingly, this ordinance is enacted for the protection of the tribal
game resource. Nothing in this ordinance shall be construed as a
relinquishment, abrogation, or abridgement of any Skokomish treaty rights.
7.03.003 Definitions
The words below shall
have the meanings set forth, when those words appear in this ordinance.
(a) "Adult" means any person who is
eighteen (18) years or older.
(b) "Bag limit" means the maximum
number of animals which may be taken, caught, killed, or possessed by any
person, specified by ordinance or regulation, for any particular period of
time, and may include limits on size, sex, or species.
(c) "Big Game" means elk or wapiti,
deer, mountain goat, cougar or mountain lion, black bear, and mountain sheep or
bighorn.
(d) "Closed Area" means any place
described or designated by regulation where it is unlawful to hunt.
(e) "Closed season" means all times
during the entire year except those times an "open season" is
designated by regulation.
(f) "Game Agent" means any person
authorized by the Skokomish Tribe to enforce this ordinance or Skokomish game
regulations.
(g) "Game animals" means wild animals
other than "big game animals" and marine mammals that are classified
by regulation as game animals.
(h) "Game birds" means all wild birds
that are classified by regulation as game birds.
(i) "Hunt" and
its derivatives, "hunting," "hunted," etc., and
"trap" and its derivatives, "trapping," etc., mean any
effort to kill, injure, capture, or disturb a wild animal or wild bird.
(j) "Marine
mammals" means mammals who live
the majority of their lives in marine waters that are classified by regulation
as marine mammals.
(k) Muzzle-loader means a
single or double-barrel wheel lock, matchlock, flintlock or percussion rifle
with exposed ignition in which the black powder and ball or bullet must be
loaded from the muzzle.
(l) "Open
season" means those times, manners of taking and areas established by
regulation for lawful hunting.
"Open season" includes the first and last days of the
established time, unless otherwise specified.
(m) "Public
Roads" means those roads maintained by the county or the State of
Washington.
(n) "Regulation"
means any rule or regulation promulgated by the Skokomish Hunting Committee or
the Tribal Council.
(o) "Revocation of
hunting privileges" means the recall of all rights and privileges granted
by a Skokomish Tribal Game Permit and the loss of eligibility to apply for a
Skokomish Tribal Game Permit, for the duration specified by this ordinance.
(p) "Skokomish Tribal
Member" or "Member" means an enrolled member of the Skokomish
Tribe.
(q) "Tribal
Ceremonies" means 1) religious ceremonies and 2) other ceremonies and
functions which are held by or for the Skokomish tribal community. Examples include but are not limited to
Point No Point Treaty Day, Veterans Day, annual elders' picnic, and community
dinners honoring elders.
(r) "Tribal
Council" means the Skokomish Tribal Council.
(s) "Tag" means
a card, label or other identification device issued for attachment to the
carcass of any game animal.
(t) "Tribe"
means the Skokomish Indian Tribe.
(u) "Wildlife"
means all species of the animal kingdom whose members exist within the
jurisdiction of the Skokomish Tribe, except fish and domesticated animals.
7.03.004 Jurisdiction
(a) Territory:
The provisions of this ordinance and all rules and regulations
adopted under it shall apply to the
full extent of the sovereign jurisdiction of the Skokomish Tribe, the Tribe's
usual and accustomed grounds and stations, and within all open and unclaimed
lands as provided in the Treaty of Point No Point.
(b) Persons:
The provisions of this ordinance apply to all persons purporting
to exercise hunting rights secured to the Skokomish Tribe by the Treaty of
Point No Point, and to all persons hunting within the exterior boundaries of
the Skokomish Reservation to the fullest extent permissible under applicable
law.
(c) Jurisdiction under
this ordinance shall be governed by this section and is not limited by
inconsistent provisions of other ordinances of the Skokomish Tribe unrelated to
hunting or by inconsistent court rules.
7.03.005 Violation
of 18 U.S.C. 1165
To the
extent authorized by federal law, all lands within the Skokomish Indian
Reservation are closed to hunting by non-tribal members. Violators shall be:
(a) Deemed to be hunting on the Skokomish Indian
Reservation without lawful authority or permission, as those terms are used in
18 U.S.C.1165 and, when applicable, shall be referred for federal criminal
prosecution; and
(b) Subject to a mandatory, minimum civil fine
of $100.00 and a maximum civil fine of $1,000.00: and/or
(c) Expelled from the Skokomish Indian
Reservation.
7.03.006 Skokomish
Hunting Committee
(a) The Skokomish Tribal Council shall appoint a
Hunting Committee which shall be made up of at least (7) tribal members who are
familiar with hunting techniques and the game resources within the Tribe's
jurisdiction. Hunting Committee members
shall serve staggered terms, with (1) four year position, (3) three year
positions, and (3) two year positions. The Council may appoint additional
persons from the tribal community to serve on the Hunting Committee.
(b) The Hunting Committee shall elect
officers. At least one officer must be
present at each meeting where official business is conducted.
(c) A quorum of the Hunting Committee shall be
three (3) members.
7.03.007 Annual
Regulations
(a) Prior to each hunting season, the Hunting
Committee shall formulate and recommend to the Tribal Council any annual and
seasonal regulations which are necessary to carry out the purposes of this
ordinance. The regulations may
establish open seasons, areas, closed or open to hunting or trapping, bag
limits, limitations on methods of taking game, and other measures for the
protection and wise harvest of game resources.
(b) Before proposing regulations as provided in
this section, the Hunting Committee shall make an effort to get available
information on the abundance and territories of various animal species within
areas of Skokomish Tribe's jurisdiction.
7.03.008 Emergency
Regulations
(a) The Hunting Committee may make emergency
changes in annual or seasonal hunting regulations whenever it gets information
which indicates that the changes are necessary for proper management of game
resources in areas under tribal jurisdiction.
(b) Emergency regulations shall take effect as
soon as they are adopted or at the time specified in the regulations. They shall remain in effect until withdrawn
by the Hunting Committee until they lapse by their own terms, or until the
Tribal Council withdraws them.
(c) All emergency regulations must be posted
promptly at several public locations on the reservation and must indicate the
date and hour they were adopted. No
penalty shall be imposed for violation of an emergency regulation unless 24
hours have passed since the regulation was issued or unless the violate was
served personally with a notice of the regulation before the violation
occurred.
7.03.009 General
Closure
The Skokomish
Reservation is closed to hunting of wildlife unless specifically opened by
regulations pursuant to this ordinance.
All other areas within the Tribe’s jurisdiction are closed to hunting of
wildlife by enrolled Skokomish members unless specifically opened by
regulations pursuant to this ordinance.
7.03.010 Eligible
Hunters
The following persons
are eligible to exercise hunting rights under the authority of this ordinance:
(a) Enrolled members of the Skokomish Tribe.
7.03.011 Hunting
for Ceremonial Use/Extreme Personal Hardship
The Hunting Committee
may issue "designated hunter" permits to allow wildlife to be bagged
for funerals, tribal ceremonies, and in cases of extreme personal
hardship. The permit shall specify the
type, sex, and number of animals to be hunted, and any other conditions the
Committee attaches. Permits under this
section may be issued for use during a closed season. The Hunting Committee shall authorize a "designated
hunter" to receive the permit.
Requests for permits under this section must be submitted in writing to
the Hunting Committee. The writing
requirements may be waived for applications to hunt for funeral purposes due to
the limited time available.
7.03.012 Hunting
for Another
The Hunting Committee
may issue permits to allow a "designated hunter" to hunt for another
member of the Skokomish Tribe. The
hunting of Elk by a designated hunter on behalf of an individual is not
allowed. The Hunting Committee may
authorize designated hunters to harvest Elk for ceremonial and community
events. The Hunting Committee may also
authorize designated hunters to harvest elk for a community store. The Hunting Committee shall be responsible
for distribution of meat from the community store, based on need and relevance
to the Tribe.
(Seniors age 60+ or
disabled and unable to hunt for themselves may request meat from the
"community store." Those 60+
or disabled and requesting Elk from the "community store" will not be
eligible for their own elk tags. The
Hunting Committee reserves the right to determine if an individual is
disabled.)
The Hunting Committee
may issue permits to designated hunters, on behalf of individuals, for the
harvest of deer only. Requests for
permits under this section must be submitted in writing to the Hunting
Committee. Requests must state why the
person or family making the request is unable to hunt for himself or
themselves. All the provisions of this
ordinance and Skokomish game regulations shall apply to hunting under this
section. All requests under this section must be approved by the Hunting
Committee at a regularly scheduled meeting.
7.03.013 Designated
Hunter
Any member of the
Skokomish Tribe possessing a valid Skokomish hunting permit may submit his or
her name to the Hunting Committee to be considered for placement on a list of
"designated hunters." The
Hunting Committee shall screen applicants to determine whether they meet eligibility
requirements. Eligibility requirements
for designated hunters are:
(a) Demonstrated hunting ability;
(b) Be an enrolled member of the Skokomish
Tribe;
(c) Be at least 18 years old;
(d) Having no tribal hunting conviction for the
previous two years;
(e) Persons prohibited from carrying a firearm
under tribal, state, or federal law are not eligible.
Any person who meets
the eligibility requirements may be recommended by the Hunting Committee to the
Tribal Council for appointment as a designated hunter. The Tribal Council shall notify the Hunting
Committee of designated hunter appointments.
When the Hunting Committee grants a request under Section 7.03.011 or
7.03.012 of this ordinance, it shall notify a designated hunter and issue the
appropriate permit. The designated
hunter shall comply with the terms of the permit and all other applicable laws
and regulations.
7.03.014 Invitational
Hound Hunting
A Non-Skokomish Indian
may be asked to participate in a special Invitational Hound Hunt to pursue
Cougar. Recommendation for any
invitational hunt will come from the Hunting Committee with final approval from
the Tribal Council. Any non-Skokomish
Indian asked to participate in an Invitational Cougar Hunt will hunt under the
Regulations and Restrictions of the Skokomish Tribe and will be subject to the
Skokomish Hunting Ordinance.
Civil Violations
7.03.020 Hunting
- Permits and Tags
Any person who fails
to obtain a valid permit and tags required by regulation has committed a civil
violation and shall be assessed:
(a) A mandatory, minimum civil fine of $500.00.
(b) The maximum civil fine which may be imposed
is $1000.00.
(c) Any person who has committed a first
violation of Section 7.03.020 shall have hunting privileges revoked for not less
than one year, not to exceed three years.
7.02.021 Hunting
- Permit and Tags in Possession
Any person who has
obtained a valid permit and tags required by this ordinance or tribal
regulation but who does not have the permit and tags in his or her possession
while hunting or transporting wildlife, has committed a civil violation and
shall be assessed:
(a) The mandatory, minimum civil fine of
$150.00.
(b) The maximum civil fine which may be imposed
is $500.00.
7.03.022 Persons
Barred from Obtaining a Permit and Tag
(a) Any person who meets either of the following
criteria is barred from obtaining a hunting permit and tags:
(1) Any person who is prohibited from carrying
or possessing a firearm under tribal, state, or federal law.
(2) Any person who fails to pay in full all
hunting fines assessed by the Court.
(b) It is a civil violation to obtain or attempt
to obtain a permit or tags when barred under this section.
(c) A person who violates this section shall be
assessed:
(1) A mandatory, minimum civil fine of $250.00.
(2) The maximum civil fine which may be imposed
is $500.00.
7.03.023 Hunting
During Closed Season
Any person who hunts
during a closed season as established by this ordinance or by regulation has
committed a civil violation and shall be assessed:
(a) A mandatory, minimum civil fine of $250.00.
(b) The maximum civil fine which may be imposed
is $1,000.00.
(c) Any person who has committed a first
violation of Section 7.03.023, shall have hunting privileges revoked for not
less than one year, not to exceed three years.
7.03.024 Possession
of Wildlife Taken During a Closed Season
Any person who
possesses any wildlife killed during a closed season or who has otherwise taken
or killed wildlife contrary to the provisions of this ordinance or regulations
has committed a civil violation and shall be assessed:
(a) A mandatory, minimum civil fine of $250.00.
(b) The maximum civil fine which may be imposed
of $1,000.00.
(c) Any person who has committed a first
violation of Section 7.03.024 shall have hunting privileges revoked for not
less than one year, not to exceed three years.
7.03.025 Hunting
in Closed Areas
Any person who hunts
within the boundaries of a closed area designated by this ordinance or
regulation has committed a civil violation and shall be assessed:
(a) A mandatory, minimum civil fine of $500.00.
(b) The maximum civil fine which may be imposed
is $5,000.00.
(c) Any person who has committed a first
violation of Section 7.03.025 shall have hunting privileges revoked for not
less than one year, not to exceed three years.
7.03.026 Hunting
by Unauthorized Persons
Any person who hunts
within the boundaries of the area ceded by the Skokomish Indian Tribe under
Treaty of Point No Point without possessing a valid hunting license, permits,
and tags issued by a signatory tribe to the Treaty of Point No Point or by the
State of Washington, has committed a civil violation and shall be assessed:
(a) A mandatory, minimum civil fine of $250.00.
(b) The maximum civil fine
which may be imposed is $1,000.00.
7.03.027 Bag
Limits
Any person
who exceeds the bag limit set by regulation has committed a civil violation and
shall be assessed:
(a) A mandatory, minimum
civil fine of $250.00.
(b) The maximum civil fine
which may be imposed is $1,000.00.
(c) Any person who has
committed a first violation of Section 7.03.027 shall have hunting privileges
revoked for not less than one year, not to exceed three years.
7.03.028 Reporting
Bagged Game
Any person
who fails to return any game tag issued to him or her, within the time limit
specified by regulation regardless of whether an animal was harvested, and any
person who fails to report the species, sex, date and location of kill shall be
assessed:
(a) A civil fine of up to
$500.00.
(b) The maximum civil fine
which may be imposed is $1,000.00.
7.03.029 Trap
Inspection
Any person
who fails to inspect any trap or trap line he has set and such failure results
in spoilage of game, has committed a civil violation and shall be assessed:
(a) A mandatory, minimum
civil fine of $100.00.
(b) The maximum civil fine
which may be imposed is $250.00.
7.03.030 Interference
with Traps
Any person
who takes wildlife from anther person's trap without permission, or springs, damages,
possesses or removes another person's trap, has committed a civil violation and
shall be assessed:
(a) A minimum, mandatory
civil fine of $100.00.
(b) The maximum civil fine
which may be imposed is $250.00.
7.03.031 Wasting
Big Game
Any person
who kills big game and causes it to go to waste, has committed a civil
violation and shall be assessed:
(a) A mandatory, minimum
civil fine of $500.00.
(b) The maximum civil fine
which may be imposed is $5,000.00.
(c) Any person who has
committed a first violation of Section 7.03.031 shall have hunting privileges
revoked for not less than one year, not to exceed three years.
7.03.032 Wasting
Game Birds or Game Animals
Any person
who kills game birds or game animals or marine mammals and causes them to go to
waste, has committed a civil violation and shall be assessed:
(a) A minimum, mandatory
civil fine of $50.00.
(b) The maximum civil fine
which may be imposed is $250.00.
(c) Any person who has
committed a first violation of Section 7.03.032 shall have hunting privileges
revoked for not less than one year.
7.03.033 Selling
Wildlife
Any person
who sells meat from wildlife has committed a civil violation and shall be
assessed:
(a) A mandatory, minimum
civil fine of $500.00, and
(b) The maximum civil fine
which may be imposed is $5,000.00.
(c) Any person who has
committed a first violation of Section 7.03.033 shall have hunting privileges
revoked for not less than one year, not to exceed three years.
7.03.034 Transporting
Big Game without a Tag
Any person
who transports a big game animal that they have killed without a valid tag
affixed to the animal has committed a civil violation and shall be assessed:
(a) A mandatory, minimum
civil fine of $100.00.
(b) The maximum civil fine
which may be imposed is $250.00.
7.03.035 Transporting
Loaded Firearms
Any
person, except authorized law enforcement officers, who carries, transports,
conveys, or possesses a shotgun or rifle containing shells or cartridges in the
magazine or chamber, or a muzzle-loading firearm loaded and capped or
primed; in or on a motor vehicle has committed a civil violation and shall be
assessed:
(a) A minimum, mandatory
civil fine of $100.00.
(b) The maximum civil fine
which may be imposed is $250.00.
7.03.036 Shooting
Firearms Across Public Roads
Any
person, except authorized law enforcement officers, who discharges a firearm
from, across or along the maintained portion of a public road has committed a
civil violation and shall be assessed:
(a) A minimum, mandatory
civil fine of $100.00.
(2) The maximum civil fine
which may be imposed is $250.00.
7.03.037 Shooting
Arrows Across Public Roads
Any person
who shoots an arrow from a vehicle or shoots an arrow from, across or along the
maintained portion of a public road has committed a civil violation and shall
be assessed: