SKOKOMISH TRIBAL ON-RESERVATION AND TREATY HUNTING ORDINANCE

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

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.

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;

(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.

(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: