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)
Amended by Resolution No. 09-025 (February 4, 2009)
*These resolutions may have been among the records stored in
the basement of the
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 Annual
Regulation
7.03.007 Emergency
Regulation
7.03.008 General
Closure
7.03.009 Eligible
Hunters
7.03.010 Hunting
for Ceremonial Use/Extreme Personal Hardship
7.03.011 Hunting
for Another
7.03.012 Designated
Hunter
7.03.013 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
(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 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.
7.03.007 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 violation was
served personally with a notice of the regulation before the violation
occurred.
7.03.008 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.
7.03.009 Eligible
Hunters
The following persons
are eligible to exercise hunting rights under the authority of this ordinance:
(a) Enrolled members of the Skokomish Tribe.
7.03.0110 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.
7.03.011 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.
7.03.014 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.
7.03.015 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
(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:
(a) A mandatory, minimum
civil fine of $100.00.
(b) The maximum civil fine
which may be imposed is $250.00.
7.03.038 Hunting
from a Vehicle
Any person
who hunts from within or upon a motor vehicle 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.
7.03.039 Hunting
with Artificial Light
Any person
who hunts with an artificial light has committed a civil violation and shall be
assessed:
(a) A minimum, mandatory
civil fine of $250.00.
(b) The maximum civil fine
which may be imposed is $500.00.
(c) Any person who has
committed a first violation of Section 7.03.039 shall have hunting privileges
revoked for not less than one year, not to exceed three years.
7.03.040 Use
of Dogs
Any person
accompanied by a dog while deer or elk hunting has committed a civil violation
and shall be assessed:
(a) A minimum, mandatory
civil fine of $250.00.
(b) The maximum civil fine
which may be imposed is $500.00.
7.03.041 Hunting
While Intoxicated
Any person
who hunts while under the influence of alcohol or illegal drugs has committed a
civil violation and shall be assessed:
(a) A minimum, mandatory
civil fine of $250.00.
(b) The maximum civil fine
which may be imposed is $500.00.
(c) Any person who has
committed a first violation of Section 7.03.041 shall have hunting privileges
revoked for not less than one year, not to exceed three years.
7.03.042 Hunting
by Persons Under Age Eighteen
No person
under age eighteen (18) shall hunt unless accompanied by a parent/guardian and
possess proof of completion of a course of instruction of at least six hours in
safe handling of firearms, safety, conservation, and sportsmanship. Parents and guardians of children who violate
this section are responsible for the child’s acts and the parents or guardians
or shall be assessed:
(a) A minimum, mandatory
civil fine of $250.00. The maximum fine
which may be imposed is $500.00. The
court, in its discretion, may allow the defendant to provide work for the Tribe
in lieu of part of the fine as provided under Section 7.03.091 of this
ordinance. This section shall not apply to any persons certified by the Hunting
Committee to be a head of household.
7.03.043 Shooting
a Person
Any person
who shoots another person while hunting has committed a civil violation, and
shall be assessed restitution to the victim or the victim's family.
(a) Any person who has
committed a first violation of Section 7.03.043 shall have hunting privileges
revoked for not less than one year, not to exceed three years.
7.03.044 Hunting
Eagles
Any person
who kills, takes, catches, or possesses any eagle, or eagle part, nest or egg
in violation of any federal statute passed for the protection of eagles 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 7.03.044 shall have hunting privileges
revoked for not less than one year, not to exceed three years.
7.03.045 Laying
Out Bait
Any person
who lays or sets out any bait, including but not limited to salt licks, to lure
wildlife other than mountain lion and black bear for hunting and furbearers for
trapping, 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.
7.03.046 Laying
Out Poison
Any person
who lays or sets out a drug, explosive or poison that may endanger, injure or
kill wildlife has committed a civil violation and shall be assessed:
(a) A minimum, mandatory
civil fine of $500.00.
(b) The maximum civil fine
which may be imposed is $1,000.00.
7.03.047 Mutilation
of Wildlife
Any person
who mutilates wildlife so that the species and sex cannot be determined visually
in the field or while being transported has committed a civil violation and
shall be assessed:
(a) A minimum, mandatory
civil fine of $250.00.
(b) The maximum civil fine
which may be imposed is $500.00.
7.03.048 Shooting
Livestock
Any person
who shoots any domestic livestock while hunting has committed a civil violation
and shall be assessed:
(a) A minimum, mandatory
civil fine of $500.00, and
(b) The Court shall require
the defendant to pay restitution to the owner of any livestock damaged.
7.03.049 Big
Game Hunting - Firearms Restrictions
(a) No person shall hunt
big game with any of the following:
(1) A fully automatic
firearm; or
(2) A rifle with a bore
diameter less than .240 of an inch (6mm), or barrel length less than 16 inches;
or
(3) A rifle cartridge with
a bullet weighing less than 85 grains, or that develops less than 900 foot
pounds of energy at 100 yards; or
(4) A rifle cartridge
containing a bullet other than a mushrooming or expanding type, designated for
big game hunting; or
(5) A shotgun; except that
a shotgun which is 20 gauge or larger, using shells loaded with slugs or
buckshot size #1 or larger, may be used to hunt deer and bear; or
(6) A handgun; except that
a deer, bear or cougar may be hunted with a 41 magnum, 44 magnum, 44 automatic
magnum, 45
(7) A bow that possesses
less than 40 pounds of pull, measured at 28 inches or less draw length; or
(8) Any arrows, except
those having sharp broaden blade or blades at least seven-eighths inches
wide. The broad head must be un-barbed
and completely closed at the back end of the blade or blades by a smooth,
unbroken surface starting at maximum blade width forming a smooth line toward
the feather end of the shaft and such line shall not angle toward the point; or
(9) A crossbow.
(b) Any 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 $1,000.00 and mandatory revocation of hunting privileges
for one calendar year from the date of conviction.
7.03.050 Reckless
Endangerment
Any person
who, through negligent or reckless conduct, places domestic livestock or
another person in risk of serious physical harm has committed a civil violation,
and shall be assessed:
(a) A mandatory, minimum
civil fine of $500.00 in the case of domestic livestock.
(b) A mandatory, minimum
civil fine of $5,000.00 in the case of another person.
(3) Any person who has
committed a first violation of Section 7.03.050 shall have hunting privileges
revoked for not less than one year, not to exceed three years.
7.03.051 Marine
Mammals
(a) It is prohibited to
harass, kill, harvest or take any marine mammal except as otherwise provided by
this ordinance, Skokomish tribal regulation or federal law.
(b) Marine mammals may not
be hunted for ceremonial, subsistence, or other purposes except as provided for
in annual or emergency Skokomish Hunting Regulations. No marine mammal shall be harvested except by
a permit and tag issued by the Skokomish Tribe, except as provided for in #4,
#5, or #6.
(c) A tribal fisher in the
act of fishing is allowed to deter a marine mammal from damaging fishing gear,
catch, private property, or endangering personal safety, so long as such
measures do not result in the death or serious injury of the marine mammal,
except as provided for in #4.
(d) A tribal fisher in the
act of fishing is allowed to deter Harbor Seals or California Sea Lions from
damaging fishing gear, catch, private property, or endangering personal safety,
using any lethal means, provided that all reasonable steps to deter the marine
mammal using non-lethal means were first taken.
Lethal take must be recorded on a marine mammal reporting card
(available from the Skokomish Fisheries Office). These reporting cards must be returned to the
Tribal Fisheries Office by December 15th of each year.
(e) Tribal members are
allowed to take, kill or injure a marine mammal if it is imminently necessary
in self defense or to save the life of a person in immediate danger. All such incidents shall be recorded on the
marine mammal reporting card.
(f) Marine mammals may be
killed or seriously injured as a result of a tribal fishing operation using
proper fishing gear, i.e., gear entanglement.
Such cases must be reported on the marine mammal reporting card.
(g) Marine mammals taken
under Skokomish annual emergency hunting regulations shall not be wasted. All carcasses shall be detained and given
over to the Skokomish Fisheries Department or their designee for biological
sampling, after which they may be utilized by the tribal hunter. Every effort shall be made to prevent wasting
of carcasses of marine mammals taken under any of the other above provisions.
(h) Firearms may not be
discharged from a boat under power when hunting marine mammals.
(i) Any person who violates
this section shall be assessed:
(1) A mandatory, minimum
civil fine of $150.00.
(2) A mandatory, maximum
civil fine of $500.00.
7.03.052 Game
Birds - Special Restrictions
(a) No person shall hunt
game birds with:
(1) Lead shot, except
grouse may be hunted with lead shot;
(2) A shotgun larger than
10 gauge; or
(3) A rifle or pistol, with
the exception of blue grouse, spruce grouse, and ruffed grouse.
(b) Any person who violates
this section shall be assessed:
(1) A mandatory, minimum
civil fine of $100.00.
(2) The maximum civil fine
which may be imposed is $250.00.
7.03.053 Muzzle-Loading
Rifles
No person
shall carry or possess any muzzle-loading rifle which does not meet the
following requirements: If the rifle has
a removable breech plug, such removal must require the use of tools. Minimum
barrel length is 20 inches and minimum caliber is 40, such measurement to be
taken from the land to land in the barrel.
Ignition is to be wheel lock, matchlock, flintlock, or percussion using
original style percussion caps that fit on the nipple and are exposed to the
elements. Sights must be metal. Telescopic sights or sights containing glass
are prohibited. This section shall not
apply to carrying a muzzle-loading pistol.
Any person who violates this section shall be assessed:
(a) A mandatory, minimum
civil fine of $100.00.
(b) The maximum civil fine
which may be imposed is $1,000.00 and mandatory revocation of hunting
privileges for one calendar year from date of conviction.
7.03.054 Defacing
Any person
who destroys, tears down, shoots at, defaces or erases any printed matter or
sign placed or posted to assist in the enforcement of hunting regulations has
committed a civil violation and shall be assessed:
(1) A mandatory, minimum
civil fine of $50.00.
(2) The maximum civil fine
which may be imposed is $150.00.
7.03.055 Resisting
Any person
who resists or obstructs any duly authorized game agent in the discharge of his
duties under this ordinance or regulations has committed a civil violation and
shall be assessed:
(a) A minimum, mandatory
civil fine of $250.00.
(b) The maximum civil fine
which may be imposed is $1,000.00.
7.03.056 Aiding
and Abetting
Any person
who knowingly aids and abets another person to engage in conduct which is
unlawful under this ordinance or regulation has committed a civil violation and
shall be assessed the same civil fine as if he or she had committed the primary
violation.
7.03.057 Hunting
While Privilege is Revoked
Any person
who hunts or obtains a hunting permit while his or her hunting privilege is
revoked 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 $1,000.00.
(c) Any person who has
committed a first violation of Section 7.03.057 shall have hunting privileges
revoked for not less than one year, not to exceed three years.
7.03.058 Unauthorized
Transfer of Permit, Identification or Tags Prohibited
Any person
who transfers any permit, tag or identification issued to him or her under this
Ordinance or regulations to another person for the purpose of allowing the
transferee to engage in hunting, and any person who uses any permit, tag or
identification issued to another under this Ordinance or regulation has
committed a civil violation and shall be assessed:
(a) A minimum mandatory
civil fine of $250.00.
(b) The maximum civil fine
which may be imposed is $500.00.
7.03.059 Violation
of Regulations and Permits
(a) Any person who fails to
comply with:
(1) Any provisions of this
Ordinance,
(2) Any Skokomish hunting
regulation, or
(3) The terms or conditions
stated on any hunting permit or tag,
(b) When such failure has
not been specifically designated as an offense under this Ordinance or which
does not carry with it a specific penalty, has committed a civil violation and
shall be assessed:
(1) A minimum mandatory
civil fine of $500.00.
(2) The maximum civil fine
which may be imposed is $1,000.00.
7.03.060 Failure
to Produce Identification, Permit, and Tags to Enforcement Officers
Any person
who fails to produce for examination, his or her identification and permits
required by this Ordinance or regulations, upon demand by any tribal, state or
federal enforcement officer, has committed a civil violation and shall be
assessed:
(a) A minimum mandatory
fine of $100.00.
(b) The maximum civil fine
which may be imposed is $250.00.
7.03.061 Assault
Any person
who uses or threatens to use force or violence against a Game Agent or any
other person has committed a civil violation and shall be assessed:
(a) A minimum mandatory
civil fine of $500.00.
(b) The maximum civil fine
which may be imposed is $1,000.00.
7.03.062 Eluding
Any person
who fails to or refuses to stop after being given a visible or audible signal
by a Game Agent has committed a civil fine and shall be assessed:
(a) A minimum mandatory
civil fine of $250.00.
(b) The maximum civil fine
which may be imposed is $500.00.
7.03.063 Escape
Any person
who escapes, attempts escape or assists another to escape from lawful custody
for any hunting offense has committed a civil violation and shall be assessed:
(a) A minimum mandatory
civil fine of $500.00.
(b) The maximum civil fine
which may be imposed is $1,000.00.
7.03.064 Giving
False Information To An Officer
Any person
who knowingly gives false information to a Game Agent has committed a civil
violation and shall be assessed:
(a) A minimum mandatory
civil fine of $250.00.
(b) The maximum civil fine
which may be imposed is $500.00.
7.03.065 Failure
to Appear/Respond
Any person
who fails to appear and respond as required by a civil citation , summons,
subpoena or notice of hearing issued under this Ordinance has committed a civil
violation and shall be assessed:
(a) A minimum mandatory
civil fine of $500.00.
(b) The maximum civil fine
which may be imposed is $1,000.00.
7.03.066 Interference
with Wildlife Management Personnel
Any person
who willfully interferes with or prevents wildlife management personnel of the
tribe, the Point No Point Treaty Council, or state or federal agencies from
carrying out their professional management duties has committed a civil violation
and shall be assessed:
(a) A minimum mandatory
civil fine of $250.00.
(b) The maximum civil fine
which may be imposed is $500.00.
7.03.067 Animals
Wrongfully Taken
If,
contrary to any other section of this ordinance, a person kills, injures,
takes, captures, and/or possesses wildlife, the following additional fines may
be assessed for the purpose of compensating the Skokomish tribal community for
harm to the game resource.
(a) A mandatory civil fine
for each animal as follows:
Eagles- $2,500.00
- $5,000.00
Elk- $2,000.00
Cougar- $250.00
Deer- $500.00
Bear- $500.00
Mt. Goats- $500.00
Game animals- $50.00
Minimum to $250.00 Maximum.
Game birds- $50.00
Minimum to $250.00 Maximum.
Swans $1,500.00
Marine Mammals $250.00
Minimum to $500.00 Maximum
(b) Any person who has
committed a first violation of Section 7.03.067 shall have hunting privileges
revoked for not less than one year, not to exceed three years.
7.03.068 Hunting
Other Than Daylight Hours
Any person
who hunts other than day light hours, which is ½ hour before sunrise and ½ hour
after sunset, 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.
Assessment of Civil Penalties
7.03.080 Civil
Fines
As
unlawful hunting harms the whole tribal community, the penalties set forth in
this ordinance are intended to be compensatory rather than punitive. Penalties listed for each offense apply to
first violations of the ordinance. The
7.03.081 Repeat
Offenders
Any person
who has committed a second or subsequent violation of this ordinance (whether
the same or a different violation) within five years of the first violation
shall be assessed civil penalties as follows:
(a) A minimum, mandatory
civil fine in an amount which is twice the minimum, mandatory civil fine for a
first violation of that particular section of this ordinance. The court may impose a maximum civil fine not
to exceed twice the maximum civil fine for a first violation; and
(b) Except as provided in
subsection (c) below, revocation of all hunting privileges for up to one year
and not to exceed three years.
(c) Any person who commits a second or subsequent
violation of the Sections 7.03.023, Hunting During a Closed Season; 7.03.024,
Possession of Wildlife Taken in a Closed Season; 7.03.025, Hunting in Closed
Areas; 7.03.027, Bag Limits; 7.03.031, Wasting Big Game, 7.03.033, Selling
Wildlife; 7.03.039, Hunting with Artificial Light; 7.03.043, Shooting a Person;
7.03.044, Hunting Eagles; 7.03.049, Big Game Firearms Restrictions; 7.03.050,
Reckless Endangerment; 7.03.053, Muzzle-Loading Rifles; 7.03.057, Hunting while
Privileges Revoked; 7.03.067, Animals Wrongfully Taken shall be assessed the
same penalty as subsection 1 above and revocation of all hunting privilege for
not less than three years and not to exceed five years.
Civil Procedure
7.03.090 Purpose
The Skokomish Indian
Tribe has adopted civil procedures to protect the game resource from violations
under this ordinance by all persons over whom the Tribe has jurisdiction and to
provide for the fair and efficient administration of justice.
7.03.091 Tribal
Court
The
7.03.092 Game
Agents
The Skokomish Tribal
Council may appoint or employ one or more persons to serve as game agents. A
game agent shall have the authority to enforce this ordinance and all hunting
regulations.
7.03.093 Cross
- Deputization
The Tribal Council may
enter into an agreement with another tribe, treaty council, or state, federal,
or county government providing for the cross-deputization of game agents and/or
law enforcement officers.
7.03.094 Complaints/Citations
for Civil Hunting Violations
Civil hunting
violation cases shall be started by a complaint and a notice of hearing which
lists the defendant's choices for responding--both of which are filed with the
Court by the Tribal Prosecutor, with copies served on the defendant. The Prosecutor's complaint shall be based on
either the written report or citation of a Skokomish tribal game agent, or on
the affidavit(s) (signed before a notary or the Court Clerk) of any tribal
member or any spouse of a tribal member who lives within the Skokomish
Reservation, Skokomish Enforcement Officers, or reports from other law
enforcement agencies.
7.03.095 Statute
of Limitations
No complaint shall be
filed under this ordinance after one year from the date of the commission of
the violation was discovered.
7.03.096 Notice
of Hearing/Defendant's Choices for Responding
The Notice of Hearing
filed with the Court by the Prosecutor shall be served on the defendant by
certified mail return receipt requested, or by personal service on the
defendant or on a member of the defendant's household who is at least eighteen
years old. The Notice of Hearing shall
set a time for an initial hearing to be held no sooner than seven (7) nor more
than ninety (90) calendar days from the date the Notice of Hearing is mailed or
personally served unless the parties agree otherwise. The notice shall explain to the defendant
that he or she shall either:
(a) Pay the fine on or before the date of the
initial hearing as provided under Section 7.03.097. The Prosecutor shall
indicate in the notice whether the defendant is eligible to pay the fine in
lieu of appearing before the Court and the amount of the fine.
(2) Request a hearing to explain the
circumstances (without contesting that he or she committed the violation). The defendant will have an opportunity at the
hearing to request time payments, community service hours in lieu of 50% of the
fine, or request that a fine in the lower range be imposed; or
(3) Request a hearing to contest that he or she
committed the violation.
7.03.097 Payment
of Fine in Lieu of Appearance
The defendant may pay
the fine in lieu of appearing before the Court as provided in this
section. The Court shall then enter
judgment that the defendant committed the violation. A defendant may pay the fine in lieu of
appearing before the Court only if the fine specified for that violation is a
single, mandatory amount (not a range with a minimum and maximum fine). A second-time violator must pay twice the
fine in lieu of appearing before the Court as provided under Section
7.03.081. However, a second-time
violator can pay in lieu of appearing only if the amount of the fine is a
single, mandatory amount and revocation of hunting privileges is not
required. Appearance before the Court is
mandatory for third-time violators, or any violation with a penalty of
revocation of hunting privileges, and when the penalty is a range with a
minimum and maximum fine.
7.03.098 Rights
at Hearing
The following rules
apply to all civil hunting hearings:
(a) The proceedings shall be heard by the Court
without a jury;
(b) The defendant may be represented by a
spokesperson at his or her own expense.
7.03.099 Hearing
to Explain the Circumstances
The following rules
apply to those hearings where the defendant asks to explain any circumstances
which might arguably lessen the amount of the fine:
(a) The Court cannot lessen a mandatory minimum fine;
(b) The proceeding shall be informal with
appearance by the Prosecutor optional, at the Prosecutor's discretion;
(c) The defendant cannot contest the
determination that he or she committed the violation;
(d) The Court shall determine whether the
defendant's explanation justifies a fine in the lower end of the fine range;
(e) The Court shall enter an order stating that
the defendant committed the violation and assessing the civil penalties
provided. The Court cannot suspend a
mandatory minimum fine but may grant a request for time payments or community
service under Section 7.03.101; and
(f) The parties' right to appeal is limited to
appealing sentences imposed by the Court outside the range provided in this
ordinance.
7.03.100 Hearing
to Contest the Violation
The following rules
apply to hearings where the defendant contests that he or she committed the
violation:
(a) The Court shall set a hearing date no sooner
than fourteen (14) nor more than sixty (60) days from the date of the initial hearing
unless the parties agree otherwise.
(b) The Tribe and the defendant have the right to
subpoena witnesses;
(c) The defendant has the right to confront and
cross-examine witnesses against him or her;
(d) The parties may present evidence and examine
witnesses;
(e) The Tribe has the burden of proving the
defendant committed the violation by a preponderance of the evidence;
(f) After hearing the evidence and arguments, the
Court shall determine whether the defendant committed a violation. Where it has not been established by a
preponderance of the evidence that a violation has been committed, the Court
shall enter an order dismissing the action.
Where it has been established that a violation has been committed, the
Court shall enter an order accordingly; and
(g) Both parties have the right to appeal.
7.03.101 Assessment
of Fines - Time Payments, Community Service
The Court does not
have the authority to suspend or reduce any mandatory fine under this
ordinance. The Court may also order the defendant to perform community service
hours in lieu of up to fifty percent (50%) of any fine; the balance must be
paid in cash. Each hour of community
service shall reduce the fine by $4.00.
The Court, in its discretion, may order a rate greater than minimum
wage, if the service provided is skilled labor.
7.03.102 Failure
to Respond
If a person fails to
respond or appear as required under this ordinance, the Court shall enter an
order finding that the defendant committed the violation, assess the appropriate
fine and shall notify the Hunting Committee to prevent the issuance of new
permits and tags until all fines are paid.
7.03.103 Default
on Fine
If a defendant fails
to pay a fine or any installment due, the Court, on its own motion or on the
Tribe's motion, shall order defendant to show cause why he or she shall not be
held in contempt and may issue a summons or an arrest warrant for the
defendant's appearance. If good cause is
shown, the Court may allow additional time for payment. This section may be imposed in addition to
any other penalty or remedy provided under this ordinance or other laws of the
Skokomish Indian Tribe.
7.03.104 Searches
With or Without Warrant
(a) A game agent may search without warrant any
gear, vehicle, tent, camper, or any place or premises at or near a hunting site
which the agent has probable cause to believe contains evidence of violations
of this ordinance or of regulations or permits issued or adopted under this
ordinance.
(b) The
7.03.105 Seizure
of Wildlife
(a) Upon issuance of a citation, the game agent
may seize all wildlife and parts of wildlife which the agent has reasonable
grounds to believe have been taken or killed by the alleged violator contrary
to the provisions of this ordinance, or any regulations promulgated hereunder. A game agent may, in addition, seize any
weapons or other paraphernalia (excluding the hunter's vehicle) which the agent
has reasonable grounds to believe has been used in the commission of a
violation of this ordinance or any regulation promulgated hereunder.
(b) A game agent who has seized wildlife, weapons
or other items pursuant to this section shall prepare a written inventory of
all items seized which shall be signed by the game agent and the alleged
violator. When unattended gear and/or
its contents are seized, the inventory shall be signed by the game agent. In all cases, one copy of the inventory shall
be given to the alleged violator, if known, one copy filed with the
(c) All items, other than perishable wildlife and
wildlife parts, seized pursuant to this section shall, as soon as practicable,
be brought to the tribal office or other place designated by the Tribe for the
storage of seized property. Seized
property shall be stored in such a manner as to minimize further damage to it
and shall be held until disposed of pursuant to order of the
7.03.106 Return
of Seized Property - Perishable
Any person who has had
perishable meat seized under the authority of this ordinance may elect to have
the meat frozen and stored, if storage facilities are available, pending the
outcome of court proceedings, or to have the Hunting Committee dispose of the
meat for tribal purposes. If the person
is acquitted or charges are dismissed, the frozen meat shall be returned or, it
the meat was disposed of by the Hunting Committee the person shall be issued a
permit to bag a replacement animal.
7.03.107 Return
of Seized Property - Non-perishable
(a) Any person whose property has been seized
under the authority of this ordinance may apply immediately to the Tribal
Council for release of said property.
The
(b) If the person whose property has been seized
pursuant to the ordinance or charges against the person are dismissed, the
Court shall order immediate return of the property.
7.03.108 Forfeiture
Procedures
(a) When a person is found to have committed a
violation of this ordinance or any regulation promulgated pursuant thereto, the
Court may order forfeiture of any items seized in connection with the
violation. Forfeiture of any weapon
shall be mandatory if a person is found to have committed a violation of Section
7.03.050, Reckless Endangerment; 7.03.043, Shooting a Person; 7.03.023, Hunting
During Closed Season; 7.03.049, Big Game Hunting - Firearms Restrictions. The defendant shall be given the opportunity
to present evidence and argument to the
(b) In all cases where the owner of items seized
is unknown, the
(c) The game agent who makes a seizure shall
immediately post at prominent public locations on the Reservation a notice
describing the items and the time and place of seizure. The notice shall
provide that persons wishing to claim the articles must do so within (10) days
after the notice is posted.
(d) If no one claims unmarked articles pursuant
to this ordinance within the time limit provided, the Hunting Committee may
dispose of it. Any proceeds from
disposition of the property shall be turned over to the Tribe.
(e) If a person does claim unmarked articles
seized by a game agent, the
7.03.109 Disposition
of Property Forfeited
In the event the
7.03.110 Severability
If any provisions of
this ordinance or its application of the provisions to other persons or legal
entity or circumstances 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.