b State Laws to Apply 3 t Licenses 5 g State Rights Unaffected 6 I General 6 I Taking of Specially Treated Game Fish 6 Supply

Transcription

1 ORIGINALLY ADOPTED December DATE AMENDED S 8 96 SUBJECT Fish and Wildlife RESOLUTION NUMBER S CONFEDERATED TRIBES OF THE GRAND RONDE COMMUNITY OF OREGON FISH AND WILDLIFE ORDINANCE TRIBAL CODE 640 a Authority and Purpose 3 b State Laws to Apply 3 c Definitions 3 d Policy 4 e Fish and Wildlife Committee 4 t Licenses 5 g State Rights Unaffected 6 h No Commercial Use 6 I General 6 0 S eason 6 k Hours Gear 6 I Taking of Specially Treated Game Fish 6 m Subsistence Salmon Supply n Deer Elk Bear Tags 6 0 Cultural Hunting 6 P Season 6 q Controlled Hunts 6 r Tags 7 s Gathering 7 t Violations 8 u Suspension and Revocation 8 v Notice ofviolations 8 6 Fish and Wddlife Ordinance Tribal Code 640 1

2 w Appeals 8 x Pardon 9 y Effective Date 9 z Severability 9 aa Repeal ofprevious Ordinance 9 Tribal Code fi6 40 2

3 Fish And Wildlife Ordinance a Authori y And Put Pose The purpose ofthis ordinance is to provide for regula ion of the exercise of hunting fishing and gathering rights of the Confederated Tribes of the Grand Ronde Community of Oregon b State Laws tofpply Tribal members exercising their right to fish or hunt shall be subject to applicable Oregon State law as provided in the Agreement Tribal members are also subject to State law governing trespass or trapping c Definitions 1 Agreement means the Agreement among the State of Oregon the United States ofamerica and the Confederated Tribes ofthe Grand Ronde Community of Oregon to Pennanently Define Tribal Hunting Fishing Trapping and Animal Gathering Rights of the Confederated Tribes ofgrand Ronde as declared and set forth in the final judgement and decree of the United States District Court for the district of Oregon in an action entitled Civil No BU 1986 Communi y of Oregon v State oforegon 2 Committee means the Pish and Wtldlife Committee established pursuant to the provisions of this Ordinance 3 Fish and Wildlife Department or PIW Department means the tribal program established to regulate tribal fishing hunting and gathering activities as described under this ordinance 4 Subsistence fish supply means fish acquired by the Tribe according to the provisions set forth on pages 7 8 ofthe Agreement 5 State means the State of Oregon 6 Tribal Council or Council means the Tribal Council ofthe Confederated Tribes ofthe Grand Ronde Community of Oregon 7 Tribal fishing means exercising tribal fishing rights as set forth on pages 6 8 of the Agreement 8 Tribal gathering means exercising tribal gathering rights as set forth on pages ofthe Agreement 9 Tribal hunting means exercising tribal hunting rights as set forth on pages 8 11 ofthe Agreement 10 Tribal hunting and fishing area means the ar having the following description Beginning atmcminnville southwest on State Highway 18 to Salmon River west along Fish and Wddlife Ordinance Tribal Code fi6 40 3

4 Salmon River to Pacific Ocean north along Pacific Ocean coastline to the south shoreline at mouth oftillamook Bay east along Wilson Riverto State Highway 6 at Lee s Camp northeast on State Highway 6 to State Highway 8 near Gales Creek southeast on State Highway 8 to State Highway 47 at Forest Grove south on State Highway 47 tomc Minnville point of beginning For purposes of fishing and animal gathering this area includes the Salmon River and its estuary to the Pacific Ocean and the Wilson River to Tillamook Bay 11 Tribal member means an enrolled member of the Confederated Tribes of the Grand Ronde Community of Oregon 12 Tribe means the Confederated Tribes ofthe Grand Ronde Community of Oregon 13 Elder means any tribal member aged 55 years or older 14 Disabled means any tribal member eligible to hunt who is temporarily or per manently disabled Temporary disabilities must be verified by a notice from the tribal members doctor and received by the Fish and Wildlife Committee prior to hunting season d The fish and wildlife policy ofthe Confederated Tribes of the Grand Ronde Community of Oregon shall be to 1 Regulate tribal hunting fishing and gathering rights in accordance with the Agreement between State and Tribe 2 Provide adequate food reserves for tribal purposes including but not limited to the annual pow wow restoration celebration and elders as determined by the Council 3 Ensure opportunities for tribal member families to provide for themselves by exercising tribal hunting fishing and gathering rights consistent with this Ordinance and adopted rules and regulations 4 Ensure the distribution oftribal subsistence fish for the benefit of the tribal membership 5 Work to improve fish and wildlife habitat in the local area for the benefit ofall in cooperation with state and other tribal state and federal agencies e Fish And WildlifeCommittee The Council hereby establishes a Fish and Wildlife Commit tee The Committee shall be regulated by this Ordinance General Committee Ordinance and other regulatory Ordinances of the Tribe 1 In addition tothe General Committee Ordinance rules regarding qualifications for committee membership the following shall apply Fish and Wddlife Ordinance Tribal Code fi6 40 4

5 A All committee members shall be knowledgeable of tribal and state laws and regulations affecting hunting fishing and gathering rights B All committee members shall be knowledgeable ofthe tribal hunting and fishing area C No committee member shall have been found guilty or have pleaded guilty to a federal state or tribal hunting fishing or gathering violation within two years prior to appointment to the Committee 2 Duties of the Committee A The Fish and Wildlife Committee shall act in an advisory capacity to the Council regarding fishing and hunting issues impacting the Tribe B To assist in short and long term planning for Fish and Wildlife Program development focus emphasis and direction C To recommend hunting fishing and gathering policies and procedures for Council approval 0 To review and consider appeals of hunting and fishing violations E To carry out the duties specified under this and the General Committee Ordinance for the Tribe F To annually review this Ordinance and recommend changes to the Council t Licenses The license shall be a permanent identification card including the appropriate information and showing that the member is an approved licensee for tribal hunting fishing and gathering rights Such licenses shall be available to all eligible tribal members in good standing 1 Requirements Tribal members wishing to exercise hunting fishing and gathering rights must obtain a current tribal license The tribal member must have the license in their possession and the appropriate tag required by State and tribal law When requested the license must be presented to any State law enforcement officer 2 Issuance Any tribal member 12 years and above must obtain a triballicens and ind cate by signing the statement that they will comply with all provisions ofthis Ordi nance 3 Contents The license shall show the members name photograph enrollment number and any other information required by the Committee subject to approval by the Council Tribal Code

6 g State Rights Unaffected Nothing in this Ordinance shall limit or affect a tribal members right to obtain a state hunting fishing or combination hunting and fishing license and appropriate tags if they choose to do so h No Commercial Use No animals taken or acquired under this Ordinance shall be used for commercial purposes i General Fishing shall be subject to applicable State laws except that a valid tribal license issued pursuant to this Ordinance may be used in lieu of a State fishing license Fishing while using only a tribal license may take place only within the boundaries ofthe tribe s hunting and fishing area including the ocean provided the member remains on land while fishing G Season The season for tribal fishing shall be the same as that prescribed for all citizens in the tribal hunting and fishing area The FIW Department shall make copies ofthe state fishing and hunting regulations available k Hours gear Tribal fishing shall occur during the same hours as those set by the State except in those instances where fishing at night is permitted Tribal fishing gear shall be subject to the same regulations as required by the State I Taking Of Specially Treated GameFish Tribal members may purchase salmon steelhead and sturgeon tags to be us with their tribal licenses m Subsistence Salmon Supply The tribe has the right to receive up to pounds annually of surplus salmon carcasses from the State of Oregon The FW Department shall at its option participate in the final selection ofthe fish after the State has determined which are available for the tribes 1 Pickup storage The FIW Department is responsible for the pickup and storage of salmon carcasses FW staff shall obtain fish at the location designated by the State and distribute the subsistence fish to tribal members n Deer elk And Bear T ss Each year the State oforegon shall issue 395 deer and elk tags not to exceed 4S elk tags and S bear tags to the tribe for tribal hunting 0 Cultural Hunting Tribal members wishing to hunt must possess a permanent tribal license and appropriate deer elk or bear tag p Season Tribal hunting seasons shall be as those set by the State q Controlled Hunts The FIW Department shall obtain controlled hunt permits for up to 10 ofthe total controlled tags authorized for all citizens for said hunt The FW Department shall distribute any tags by means ofa drawing to be held at the time and location specified by the FW Department Permits Issued for controlled hunts shall be valid only when used with an unused tribal tag Tribal Code

7 r ius The FIW Department shall issue the tags as follows and may devise any forms information sheets record systems or other documents necessary 1 Issuance The tags shall be issued as follows A Five deer one elk and one bear tags shall be reserved for cultural gather ings approved by the Council The tags shall be offered to any licensed tribal members wishing to hunt for the tribe All game taken under this section shall be reported to the FIW Department as required below B basis The remainder ofthe deer tags shall be issued on a first come first served C The remaining elk tags shall be issued to licensed tribal members who register for a drawing to be conducted by the FIW Department The first23 of the tags shall be issued to people whose names are drawn for State s first elk season the remaining 13 of the tags and the unused tags shall be issued to the members whose names are drawn for the State s second season 0 The remaining bear tags shall be issued tolicensed tribal members who register for the drawing to be conducted by thefiw Department 2 Transferability Only Tribal elders or members who are considered disabled may transfer a tag The tag can only be transferred to another licensed enrolled member The elder or disabled member is still responsible for returning the hunter report card 3 Re portin When a deer elk or bear is taken with a tribal tag the tag shall be promptly attached to the animal The information listed on the tag shall be reported to the ofthe hunt FW Department within 10 days ofthe last day 4 Return OfUnused Tags Any unused tag must be returned to the FIW Department for reissuance to another licensee 5 Records The FW Department shall maintain accurate records of all tags issued and returned and the number of animals taken 6 EliiPbility Hunting tags shall not be issued to any member between the ages of 12 d 18 unless they possess a safety certificate approved by the FIW Department and they must have the certificate in their possession while hunting s Gathering Tribal members may gather eels lampreys and fresh water mussels within the tribal hunting and fishing area for gathering for conservation purposes non commercial uses subject to the State s right to regulate Fish and WddUfe Ordinance Tribal Code fi6 40 7

8 I Gathering ofsea anemones rock oysters piddocks crawfish clams and saltwater mussels within or in the ocean adjacent to the tribe s designated hunting and fishing area shall be subject to applicable State laws except that upon request ofthe tribe the State may issue special gathering permits which will provide tribal members an opportunity to gather these animals for ceremonial and subsistence purposes A valid tribal license may be used in lieu of any personal use state license that may be required for these species 2 It is traditional and customary for gathering by tribal members to take place at night as well as during the day and nothing in this Ordinance shall be construed to limit gathering hours in any way 3 The Committee is authorized to delegate responsibility for issuing gathering permits to the Natural Resources Division t Violations Failure to comply with State andor Tribal law shall be considered a Any tribal member or staff member aware ofa violation shall report the violation to the FIW Department The report shall be in detail and include a list ofwitnesses if applicable The report shall be signed by the tribal member making the report violation u SU pension Or Revocation If the FIW Department finds that a tribal member has com mitted a violation it shall suspend or permanently revoke the members hunting fishing andor gathering privileges The Fish and Wildlife Committee shall consider all pertinent facts in determining the severity of the penalty v Notice OfViolations The FIW Department shall notify the tribal member of any reported violation The notice shall be in writing and shall include the penalty to be imposed including the specific dates the penalty is to be applied that the penalty may be appealed to the Committee with the date time and place ofthe Committee s next meeting At that time the tribal member may present evidence related tothe violation The notice shall be sent by certified mail to the members last known address Ifthe notice is not accepted within 10 working days the FIW Department shall send a second notice by certi fied mail The second notice shall state in addition tothe information in the first notice that this is the final notice and that the FW Department shall proceed with imposing the penalty w Appeals Appeals shall be conducted in accordance with procedures set out in the niles and regulations developed by the Committee Said rules shall include the following 1 Tribal members may appeal decisions imposed by the FIW Department to the Committee The appeal shall be dismissed ifnot filed with the Committee within 10 days ofthe members receipt ofthe first notice or within 10 days ofthe mailing date ofthe final notice If the appeal is dismissed because the tribal member failed to respond timely to the final notice the member shall have no further right to appeal Tribal Code fi6 40 8

9 2 The Committee shall consider all facts including the nature ofthe violation and evidence received and shall make a decision The FW Department shall notify the tribal member ofthe decision in writing within 14 days ofthe date the appeal was heard by the Committee 3 Tribal members who disagree with the decision ofthe Committee may appeal to the Tribal Court only on the grounds that the decision is a violation ofthe Tribal Constitu tion or their Civil Rights The appeal to the Court must be filed in writing on or before the 14th day after the tribal member receives the written decision of the Committee The Court shall review on the record the decision ofthe Committee A decision by the Court shall be final and no further appeal may be made x Pardons Tribal members may petition the Court for a pardon three years after the date privileges were revoked The Court may grant a pardon if 1 The Tribal member has not violated any Tribal Federal or State law or regulation concerning hunting fishing or gathering 2 The FW Department may petition the Court to revoke a pardon within one year if the Department discovers information that indicates that one or more ofthe material facts presented in support of the request for pardon were false provided the FIW Department had no prior knowledge ofthe new evidence or no reasonable means of access to such information 3 The Court may revoke the pardon ifthe Committee demonstrates by clear and convincing evidence that any ofthe material facts presented in support ofthe request for pardon were false A material fact is a fact that was necessary to prove one or more of the elements for the Court to grant a pardon y Effective Date This Ordinance is effective from the date of the approval by the Court of the consent decree in Confederated Tribes OfGrand Ronde Community OfOregon V State Of Oregon civil no BU z Severability Ifa court of competent jurisdiction finds any provision be invalid or illegal under applicable federal or tribal law such provision shall be severed from this ordinance and the remainder ofthe ordinance shall remain in full force and effect ofthis Ordinance to aa Re peal OfPrevious Ordinance This Ordinance replaces a Tribal Fish Wildlife and Gathering Ordinance and said ordinance is hereby repealed I hereby certify this to be a true copy ofthe Confederated Tribes ofthe Grand Ronde Community of Oregon 7Ll AJI Tribal Council Secretary Tribal Code 640 9