YUROK TRIBE 2014 FALL HARVEST MANAGEMENT PLAN

Transcription

1 YUROK TRIBE 2014 FALL HARVEST MANAGEMENT PLAN PART 1. GENERAL PROVISIONS... 4 SECTION 101. Authority... 4 SECTION 102. Definitions... 4 SECTION 103. Harvest Quota... 5 SECTION 104. Net Fishing By Minors... 5 SECTION 105. Cooperation with Enforcement Officers... 5 PART 2. FISHERIES MANAGEMENT... 5 SECTION 201. Management Season... 5 SECTION 202. Management Areas and Subquotas... 5 SECTION 203. Reserve Quota... 6 SECTION 204. Fishing Hours... 6 SECTION 205. Stock Protection Closure... 7 SECTION 206. Coho Protection Closure... 7 SECTION 207. Downstream Boundary for Fishing... 7 SECTION 208. Reserve Quota to Allow Fishing with Dip Nets and Angling... 8 SECTION 209. Blue Creek Closure... 8 SECTION 210. Closure of Sloughs in Estuary during Commercial Season... 8 SECTION 211. Selling of Roe... 9 SECTION 212. Estuary Speed Limit... 9 SECTION 213. Attendance of Nets in the Estuary... 9 SECTION 214. Assistance with Attendance of Nets

2 SECTION 215. Ineligible Fisher Assistance Prohibited... 9 SECTION 216. Cleaning Fish at Requa SECTION 217. Collection of Coded Wire Tags and Cooperation with Fish Monitors PART 3. NON-COMMERCIAL, SUBSISTENCE FISHERY SECTION 301. Subsistence Fish SECTION 302. Dorsal Fin Clip of Non-Commercial Fish SECTION 303. Elders Fishery SECTION 304. Sale of Subsistence Fish Prohibited SECTION 305. Dip Net Fishing SECTION 306. Angling SECTION 307. Bartering PART 4. COMMERCIAL FISHERIES SECTION 401. Commercial Fishing Permitted SECTION 402. Commercial Fishing By Management Area SECTION 403. Commercial Fisheries SECTION 404. Elders Fishery Donation Requirement SECTION 405. Species Eligible for Sale SECTION 406. Commercial Season SECTION 407. Double Penalties for Commercial Violations SECTION 408. Transporting Commercial Fish SECTION 409. Commercial Fish Quality Control Requirements SECTION 410. Marking of Non-Commercial Fish SECTION 411. Commercial Buoy Required SECTION 412. Use of Another s Commercial Buoy Prohibited

3 SECTION 413. Commercial Certification Required SECTION 414. Find Own Market SECTION 415. Temporary Commercial Permits SECTION 416. Value Added Permits SECTION 417. Fish Sales Receipts SECTION 418. Authorized Requa Buyers PART 5. TRIBAL GUIDE FISHERY SECTION 501. Tribal Guide Fishery SECTION 502. Authorized Tribal Guide Fishery Products and Services SECTION 503. Guide Certification Required SECTION 504. Duration of Guiding Season SECTION 505. Location of Guide Fishery SECTION 506. Indian Fishery Harvest Prohibited Except As Permitted SECTION 507. Harvest of Fall Chinook Salmon Only SECTION 508. Catch and Release Prohibited SECTION 509. Non-Tribal Member Fishing License Requirements 19 SECTION 510. Fish Harvest Tickets SECTION 511. Fish Harvest Records SECTION 512. No Tribal Liability PART 6. ENFORCEMENT AND PENALTIES SECTION 601. Penalties SECTION 602. Citations SECTION 603. Search of Personal Property

4 SECTION 604. Search of Real Property SECTION 605. Search of Vehicles SECTION 606. Seizure and Forfeiture of Fish and Gear SECTION 607. Use of Seized Fish SECTION 608. Suspension of Commercial Fishing Rights PART 1. GENERAL PROVISIONS SECTION 101. Authority This 2014 Fall Harvest Management Plan is established by the Tribal Council pursuant to the Yurok Tribal Fishing Rights Ordinance and may be supplemented by pre-season and inseason adjustments as necessary for Tribal fishery resource conservation and harvest management purposes. SECTION 102. Definitions Those definitions used in the Tribal Fishing Rights Ordinance and the following definitions shall apply: (a) (c) (d) (e) (f) (g) (h) (i) DB means downstream boundary. Chute means the narrow portion of the Klamath River estuary where the river passes through the sand spit to meet the ocean. Clip means the complete removal of the dorsal fin of a salmon or steelhead to within one-quarter inch of the fish s back. Commercial Fish means any Chinook salmon caught within the commercial zone, during the commercial season, by a commercial fisher having a commercial buoy on the net, and handled according to the Quality Control Requirements and other commercial regulations laid out in this document. Commercial Fisher means an eligible fisher certified for commercial fishing. Commercial Zone is the part of the Estuary above the downstream boundary and below the Hwy. 101 Bridge, excluding all sloughs. Fishing Gear or Gear means any net, seine, hook and line, boat, trailer, vehicle, gun or other apparatus used for taking, attempting to take, or transporting fish. Fish Monitors means Yurok Tribal staff hired to monitor the Tribe s fishery harvest. FRO means the Yurok Tribal Fishing Rights Ordinance. 4

5 (j) (k) (l) Guide means a Yurok Tribal member certified by the Yurok Tribe and authorized to act as a guide for the Tribal Guide Fishery. HMP means this 2014 Fall Harvest Management Plan Non-Tribal Member means non-indians and Indians who are not a member of the Yurok Tribe. (m) Transporting Fish means taking or carrying fish from one place to another by means of a vehicle, including a boat, and includes moving fish more than 40 feet from the wetted channel of the Klamath River, having fish on a road, or moving fish more than 200 feet from the fishing site. SECTION 103. Harvest Quota The Yurok Tribe will harvest 21,840 adult fall-run Chinook salmon on the Yurok Reservation in the year The harvest will be managed under the terms of the FRO and this HMP. Harvest of Tribal fishery resources is based upon a predetermined quota for adult fall Chinook. This allocation is intended to provide adequate natural spawning escapement in the Klamath River. The Yurok Tribe assumes that all requirements for escapement have been met and are reflected in the Yurok Tribal quota. Accordingly, no mention of escapement requirements will be made in this plan except to address the run timing of Blue Creek fall Chinook and of coho salmon. SECTION 104. Net Fishing By Minors Fishers must be 12 years old to set a net with their own number or fish with a gill net alone in the estuary. SECTION 105. Cooperation with Enforcement Officers Fishers are required to cooperate with enforcement officers, including Yurok Tribe Department of Public Safety officers and wardens. The penalty for failure to cooperate will be as outlined in Section 601(f). PART 2. FISHERIES MANAGEMENT SECTION 201. Management Season This HMP shall manage harvest of Tribal fishery resources from July 27 through November 30, SECTION 202. Management Areas and Subquotas This HMP establishes the following management areas and fall Chinook salmon subquotas, which may be altered by an adjustment as necessary: (a) Estuary. Mainstem Klamath River from the river mouth to the Highway 101 5

6 (c) (d) Bridge shall have: (1) Subsistence subquota of 6,000 fish; (2) Commercial subquota of 10,000 fish. Middle Klamath. Mainstem Klamath River from the Highway 101 bridge upstream to Surpur Creek shall have a subsistence subquota of 2,000 fish that shall only be used for subsistence or smoked for commercial sale. Upper Klamath. Mainstem Klamath River from Surpur Creek to the upstream boundary of the Yurok Reservation shall have a subsistence subquota of 3,300 fish that shall only be used for subsistence or smoked for commercial sale. Elders Fishery. The number of fish that are donated to the Elders Program is contingent upon how many commercial fishers are certified; therefore it is uncertain how many fish will comprise the Elders Fishery. The Council will determine mid-season how to distribute the Elders Fishery harvest amongst subsistence allocations for each management area. (e) Tribal Guide Fishery. Two hundred fish will be set aside to be available to the clients of Tribally-certified guides. Should any area s subsistence subquota run out before the commercial subquota, an inseason adjustment may be made to transfer fish into the subsistence fishery. SECTION 203. Reserve Quota The Reserve Quota for the entire reservation is 340 fish, which may be harvested only as allowed in section 208. SECTION 204. Fishing Hours This section establishes fishing hours for the fishery management areas. All fishing hours will be superseded by the coho protection closure and stock protection closure. (a) Estuary. (1) From 7:00 a.m. on July 27 through 7:00 a.m. August 21, the Estuary will be open 24 hours. (2) From 7:00 a.m. on August 21 through 10:00 a.m. on August 23, the Estuary will be closed, except to angling. (3) From 10:00 a.m. on August 23 through the close of the commercial season, the Estuary will be open from 10:00 a.m. through midnight on Friday through Tuesday. Anchors cannot be set from 12:30 a.m. to 9:30 a.m. for boats, buoys, or other devices to save spots within the commercial zone on days that commercial fishing is allowed. Violations of this regulation will be penalized as outlined in Section 601(a). (4) After the close of the commercial season the Estuary will be open 6

7 (c) from 9:00 a.m. Friday through 9:00 a.m. on Wednesday of each week. Middle Klamath. (1) From July 27 to August 21, the Middle Klamath will be closed from 9:00 a.m. to 5:00 p.m. on Mondays. (2) From 7:00 a.m. on August 21 through 10:00 a.m. on August 23, the Middle Klamath will be closed. (3) From 10:00 a.m. August 23 to the end of commercial, the Middle Klamath will be open from 10:00 a.m. through midnight Friday through Tuesday. (4) After the close of the commercial season the Middle Klamath will be open from 9:00 a.m. Friday through 9:00 a.m. on Wednesday of each week. Upper Klamath. (1) From July 27 to August 23, the Upper Klamath will be closed from 9:00 a.m. to 5:00 p.m. on Mondays. (2) From 7:00 a.m. on August 21 through 10:00 a.m. on August 23, the Upper Klamath will be closed. (3) From 10:00 a.m. August 23, the Upper Klamath will be open from 10:00 a.m. on Friday through 9:00 a.m. on Wednesday. (4) After the close of the commercial season the Upper Klamath will be open from 9:00 a.m. Friday through 9:00 a.m. on Wednesday of each week. SECTION 205. Stock Protection Closure The purpose of this closure is to spread harvest impacts between Klamath and Trinity Basin stocks, while still ensuring that fishing will be allowed over Labor Day Weekend. After 70% of an area s suballocation (in the estuary this includes commercial and subsistence fish) has been harvested prior to August 29, that area will be closed to all fishing, except for the clients of tribal guides, until 10:00 a.m. on August 29. SECTION 206. Coho Protection Closure (2-day closures) Beginning Wednesday, September 24 through November 30, fishing shall be prohibited from 9:00 a.m. Wednesday through 9:00 a.m. Friday (closed to fishing Wednesday and Thursday) and is allowed from 9:00 a.m. Friday through 9:00 a.m. on Wednesday of each week. The purpose of this restriction is to protect coho stocks, which have been listed as threatened under the Endangered Species Act. SECTION 207. Downstream Boundary for Fishing Special regulations will apply to fishing in the lower end of the Estuary. Buoys and/or other markers will be located along the downstream boundary for net fishing, however due to 7

8 unforeseen circumstances, these markers may not be in place at all times. At such times, this location will be at the discretion of the enforcement officers. If an anchor rope of a set net is more than ten feet below the DB, the net will be considered to be set below the line. Illegal fishing below the DB will be penalized as outlined in Section 601, except as otherwise provided in this paragraph (e). (a) (c) (d) Drift Net. (1) During the commercial season, drift net fishing below the DB is prohibited. (2) After the commercial season ends, drift net fishing below the DB is permitted with a maximum of 45 throw nets. (3) Motorized vehicles, boats, jet skis, or other floating objects cannot be used to assist with setting throw nets. Dip Net. (1) During the commercial season, dip net fishing below the DB is prohibited. (2) After the commercial fishing ends, dip net fishing below the DB is generally permitted. Set Net. Set net fishing below the DB is prohibited. Angling. Angling below the DB is prohibited for commercial fishing, but is permitted for subsistence fishing. (e) Net Fishing in Chute Prohibited. Any person who fishes in the chute in violation of paragraph (a)(1, (1) or (c) commits a level three offense under Section 601(c). SECTION 208. Reserve Quota to Allow Fishing with Dip Nets and Angling After the subquota for a management area has been harvested, dip net fishing and angling will be permitted at all times in that management area until the reserve subquota has been harvested, except as prohibited by the coho protection closure. After attainment of the reserve quota, all angling and dip net fishing will be prohibited in any closed area. SECTION 209. Blue Creek Closure Fishing is prohibited from 500 feet upstream to one-half mile downstream of the mouth of Blue Creek from September 21 through November 30. SECTION 210. Closure of Sloughs in Estuary during Commercial Season In addition to the downstream boundary, no fishing for salmon will be permitted during the commercial season in the sloughs immediately connected to the Estuary, including the slough near Williams Rock, Panther Creek and associated slough, and the South slough. 8

9 SECTION 211. Selling of Roe As stated in the FRO, eligible fishers will be allowed to sell roe from fall Chinook. The selling of roe from any other species is prohibited. SECTION 212. Estuary Speed Limit Motorboats shall not exceed five miles per hour in the Estuary under any of the following conditions: (a) (c) (d) (e) When passing within 100 feet of a bather, When passing within 100 feet of any boat being used to attend a net, When passing within 200 feet of a fish cleaning station, When passing within 200 feet of the Requa boat docks, or When passing within 200 feet of the Requa or Del Norte County boat launches. A person violating this section shall be subject to a $50 fine on the first offense, and for each subsequent offense the fine shall increase by $50. SECTION 213. Attendance of Nets in the Estuary Nets in the estuary must be constantly attended at all times from July 27 through November 30. A net is considered unattended if the eligible fisher is more than 500 fee or out of direct line of sight from his or her net that is in the water. A person may leave for up to 30 minutes in a four hour period for a bathroom break. An unattended net used for commercial fishing shall be subject to a penalty pursuant to Section 601. An unattended net used for noncommercial fishing shall be subject to a penalty pursuant to Section 7, paragraph m of the FRO. SECTION 214. Assistance with Attendance of Nets Eligible fishers may assist other eligible fishers to attend a net if the eligible fisher who owns the net is within 500 feet of the fishing location. An eligible fisher may ask another eligible fisher to attend his or her net while that person takes a bathroom break for up to 30 minutes. The intent of this regulation is to expedite proper handling of fish during times of abundant harvest. SECTION 215. Ineligible Fisher Assistance Prohibited In accordance with section 5(d) of the FRO, ineligible fishers are prohibited from assisting in the Indian fishery on the Yurok Reservation. Ineligible fishers may assist with cleaning fish on shore, but they may not assist in the Indian fishery on the water in any way. Assisting in the Indian fishery includes setting or tending nets, removing fish from a net, or being in a boat with an individual that has a net deployed. Any Tribal member who allows an ineligible fisher to assist in the Indian fishery in violation of this section commits a level three offense under Section 601(c). 9

10 SECTION 216. Cleaning Fish at Requa Cleaning of fish at the Requa Resort, docks, and boat ramp areas is prohibited except at designated fish cleaning stations. Fish parts may not be placed in dumpsters at these areas. Violation is punishable pursuant to Section 9k of the FRO. SECTION 217. Collection of Coded Wire Tags and Cooperation with Fish Monitors Fishers are required to cooperate with Fish Monitors. The snouts of Chinook with an adipose fin clip must be given to Yurok Tribal Fisheries Program staff upon request. The information obtained from the coded wire tags recovered from such fish is critical to the successful management of Klamath River fall Chinook. Sampling must be allowed even if the fish have been packed in ice. Violation of this requirement will be penalized as outlined in Section 12a of the FRO. PART 3. NON-COMMERCIAL, SUBSISTENCE FISHERY SECTION 301. Subsistence Fish Subsistence fish are all fish that are not commercial and include, but are not limited to: (a) Any clipped salmon or steelhead; Any fish caught outside of the commercial season; (c) Any fish that is not a Chinook salmon; (d) Any Chinook salmon caught during commercial season that (1) Is donated to the Elders Fishery; or (2) Has not been handled in accordance with the Commercial Fish Quality Control Requirements of section 1412, or (3) Has been harvested in a net not marked with a commercial buoy, or (4) Is located outside of the Estuary or is transported by land without a commercial use permit, or (5) Was caught below the downstream boundary, or (6) Was harvested by, purchased by, or is in the possession of, a fisher not certified for commercial fishing. SECTION 302. Dorsal Fin Clip of Non-Commercial Fish All non-commercial salmon and steelhead must be clipped. Fins must be clipped within fifteen minutes of first handling of the fish, and prior to gutting/cleaning the fish or transporting the fish. Failure to clip the dorsal fin on a Chinook defined as subsistence will create the rebuttable presumption that the fish is a commercial fish and will be penalized as outlined in Section 601(d). Fish intended for donation to the Elders Fishery are not to be 10

11 clipped prior to turning them in. SECTION 303. Elders Fishery The Tribe shall hold an Elders Fishery during the fall harvest management season that begins July 27, 2014, for the harvest of subsistence fish for elders. The Elders Fishery will be comprised of donations which are a requirement prior to selling fish commercially. To participate in the Elders Fishery, an eligible fisher must meet the following requirements: (a) (c) (d) (e) (f) (g) Commercial Certification Required. A fisher must have had the required training and signed the commercial fisher s contract. Commercial Buoy Required. A fisher must use a commercial buoy. Estuary Fish. The fish must be harvested from the Estuary. Unclipped Fish. The fisher must not clip the dorsal fin of elders fish. Commercial Quality Control Standards. The fish is handled in accordance with the Commercial Fish Quality Control Requirements of this HMP. Transport of Fish. The fisher making the sale must transport the fish to the buying station at Requa by boat and cannot transport the fish by land. Any additional requirement established by an adjustment. SECTION 304. Sale of Subsistence Fish Prohibited Selling a subsistence fish to a non-tribal member, with or without an intact dorsal fin or leaving the dorsal fin intact on a Chinook defined as subsistence above will be penalized as outlined in Section 601(d). A person commits the offense of Sale of Subsistence Fish if the person sells a subsistence fish in violation of this section. SECTION 305. Dip Net Fishing Dip net fishing is prohibited during closures. SECTION 306. Angling Angling for subsistence is permitted throughout the Reservation at all times except for the coho closure. Salmon and steelhead caught by angling during closures must have the dorsal fin clipped as required for subsistence fish. After attainment of a management area s fall Chinook quota, angling and dip net fishing will be governed pursuant to the Reserve Quota provisions. SECTION 307. Bartering All fish to be bartered are subsistence fish and must have the dorsal fin clipped as described for subsistence fish. Fish may be bartered to anyone with the following restrictions: (1) no eligible fisher may barter more than 10 fish to any one individual within a 30 day period, (2) 11

12 no eligible fisher may barter more than 30 fish in a 30 day period, (3) bartered fish remain subsistence fish and cannot be sold by the recipient, (4) barter is for goods or services only. Money and checks, prepaid credit cards, gift cards, gas cards, and other instruments that can be used to purchase goods and services are not valid for barter under this HMP. PART 4. SECTION 401. COMMERCIAL FISHERIES Commercial Fishing Permitted Commercial fishing is permitted for fall 2014 Chinook salmon in accordance with the FRO, this HMP, and any adjustment. Commercial fishing for fish to be smoked and sold will be allowed throughout the Yurok Reservation, except for below the DB. Concerns, issues or problems associated with commercial fishery operations will be addressed by the Council as needed and may result in an adjustment. SECTION 402. (a) Commercial Fishing By Management Area Estuary. Commercial fishing below the DB is prohibited. The area from the DB to the Highway 101 Bridge is the Commercial Zone. Commercial fishing in the Estuary is prohibited, except as specifically allowed for fall Chinook salmon for the Requa Sales, FOM and Value Added fisheries. Middle Klamath. Commercial fishing is prohibited, except as specifically allowed for fall Chinook salmon for the value added fishery. (c) Upper Klamath. Commercial fishing is prohibited, except as specifically allowed for fall Chinook salmon for the value added fishery. SECTION 403. Commercial Fisheries Three separate commercial fishery opportunities for fall Chinook salmon are planned for (a) Sale to Requa Buyers. Buyers may be contracted to purchase fish at the Requa Buying Station. This fishery will begin on August 23 and continue until the commercial quota has been purchased. Any commercially certified fisher is eligible to sell to the Requa buyers by presenting their fish at the BS loading dock in the boat. Boat may not be pulled out of the water before presenting fish. Find Own Market (FOM) Fishery. The FOM fishery allows Tribal members who have acquired a permit from the Tribe to sell fresh fish to markets they find themselves. If the harvest monitors have time, they can inspect the fish and issue the fisher a receipt stating how many fish are eligible for sale, which the fisher can take to the checkpoint to get a permit instead of taking the actual fish to the checkpoint. Fish can be cleaned within 20 horizontal feet of the wetted area of the Klamath River shoreline, but must be presented while still in the boat at the boat dock at Requa. Fish cannot be moved more than 20 horizontal feet from the wetted area of the Klamath shoreline without an 12

13 FOM permit. (c) Value Added Fishery. This includes those who wish to add value to the fish, such as by smoking it. Fish not harvested as specified for fresh fish must have the dorsal fin clipped. Fish to be smoked may be harvested in the Estuary, or the Middle and Upper Klamath management areas. SECTION 404. Elders Fishery Donation Requirement Commercial fishers will be required to donate three fish to the Elders Program before they can sell fish commercially. Fishers that donate more than three fish will receive Elders Fishery Credits and they can sell/barter/give these credits to another fisher so that their donation is fulfilled and they can sell commercial fish. Fishers can begin fishing for Elders Fishery Credits on July 27 th. An eligible fisher whose donation requirement is filled shall be issued an Elders Fish Compliance Certification and must present that certification to a buyer when selling fish. SECTION 405. Species Eligible for Sale Chinook salmon may be sold during the commercial fishery and sale of any other fish species is prohibited. SECTION 406. Commercial Season Commercial fishing begins August 23. Commercial fishing after September 21, 2014, is prohibited in order to protect coho stocks that have been listed under the Endangered Species Act. SECTION 407. Double Penalties for Commercial Violations Any person who violates the FRO, this HMP, or an adjustment while commercial fishing shall be subject to penalties double those specified in the Yurok Tribal Fishing Rights Ordinance (FRO), in addition to any penalties listed in this HMP. SECTION 408. Transporting Commercial Fish No commercial fish shall be transported outside the commercial zone without a temporary commercial or value added permit, except by an authorized Requa buyer in accordance with its agreement with the Tribe. Any fish located outside of the commercial zone without a permit is a subsistence fish and must have the dorsal fin clipped. A person commits the offense of Transporting Unclipped Subsistence Fish if the person transports an unclipped non-commercial fish outside of the commercial zone. Failure to clip the dorsal fin on a non-commercial Chinook located outside the commercial zone will be penalized as outlined in Section 601(d). SECTION 409. Commercial Fish Quality Control Requirements Commercial fishers must meet the following quality control requirements: 13

14 (a) (c) (d) (e) (f) Ice for Fish. At the time they begin fishing, commercial fishers must have with them adequate ice to chill and pack all fish to be harvested. Containers. Fishers must have adequate containers (e.g. ice chests or totes) in which to pack fish. Containers must be of a material that can be readily cleaned/sterilized and must be maintained in a sanitized condition. Handling Fish. Fish are never to be placed on the ground. Fish must be handled gently, held by the head. Never handle fish by the tail. Bleeding Fish. Harvested fish are to be immediately bled (for example, by pulling a gill). Packing Fish. Cleaned fish must be iced immediately. Ice must surround the fish and is also to be placed in the belly, or the fish must be packed in slush. All fish caught must be covered with ice or in slush. Cleaning Fish. Fish must be gutted immediately. (1) If fish cannot be immediately gutted (within 10 minutes), fish must be placed in a slush tank or ice to chill them while waiting. (2) No fish should be held more than one hour before gutting. (3) Do not cut into the belly wall when gutting the fish. Remove the kidney (backbone blood) using a spoon, with special care for the pockets near the head and tail. If visible blood remains in the veins of the belly, press it out by stroking toward the backbone. (g) Keeping Up with Harvest. Fish must be alive when removed from a net. Fish must be removed promptly from a net and cleaned and iced immediately. If the fisher and crew cannot meet this standard, then part of the net is to be tied up so that it is not fishing and they have time to properly care for the fish. SECTION 410. Marking of Non-Commercial Fish Fish that have not been handled according to the Commercial Fish Quality Control Requirements (CFQCR) of section 407 are non-commercial fish and must be clipped. Failure to follow the CFQCR while leaving the dorsal fin intact will be penalized as outlined in Section 601(a). SECTION 411. Commercial Buoy Required Persons fishing commercially must identify their nets with a commercial fishing buoy that is attached to the net. Fish caught in a net without a commercial buoy are for subsistence purposes only and must have the dorsal fin clipped. Failure to clip the dorsal fin will be penalized as outlined in Section 601(d). The commercial fishing buoy must be bright yellow and must have the fisher s Tribal ID number and their Commercial Fisher s Number marked on it in such a way that they can be read at a distance of 10 feet. 14

15 SECTION 412. Use of Another s Commercial Buoy Prohibited Fishers may only use their own commercial buoy. Using a buoy with another fisher s numbers on it will be penalized as outlined in Section 601(a). SECTION 413. Commercial Certification Required Any person who wants to sell any fish from the Yurok Tribal allocation, whether to a passing tourist, a major fish buyer, or a Tribal member who will be selling the fish, must be an eligible fisher and have completed training in how to maintain the quality of harvested fish, and have signed an agreement to use the required handling procedures. Fishers who have not certified since 2008 must watch the training video in All commercial fishers must watch a video summarizing the 2014 regulations. All commercial fishers must sign a new contract agreeing to use the required quality control procedures before they are permitted to fish commercially in Fishers must be at least 12 years old to certify and to fish alone in the estuary. Certified fishers will be required to sign for a copy of this HMP and a summary of offenses and penalties. All fishers are required to be familiar with all relevant regulations. Sellers who will be selling fish harvested by other Tribal members will also be required to undergo the training and may purchase fish for sale only from certified commercial fishers. Selling fish harvested by non-certified fishers or fishers whose certification has been suspended will be penalized as outlined in Section 601(e). A person commits the offense of Uncertified Commercial Fishing if the person commercial fishes and is not certified in accordance with this section at the time of the offense. This offense will be penalized as outlined in Section 601(e). SECTION 414. Find Own Market Fresh fish may be sold in any market, on or off the Reservation. The seller is responsible for finding his/her own market and for all expenses related to the marketing of the fish. Except for those selling to tribally authorized buyers at Requa, sellers must have a permit issued by the Yurok Tribal Fisheries Department. Fish for sales as fresh must be brought by boat to the boat dock for examination by the Checkpoint Clerk. Fresh fish sales of fish harvested above the commercial fishing zone (the upper extent of which is the Highway 101 Bridge) are not permitted. Separate permits for sales of smoked fish or holding frozen fish for later sale are available as described below. Sales receipts for smoked fish harvested in Areas 2 or 3 must state that the fish were harvested above the Estuary. Fish to be smoked must have the dorsal fin removed if they were not harvested and presented as required for fresh fish sales. SECTION 415. Temporary Commercial Permits The Temporary Commercial Permit is valid for the sale of fresh fish only. Tribal fishers may always sell fish to Yurok Tribal members unless prohibited by an inseason adjustment. 15

16 Obtaining a Temporary Commercial Permit (Permit) will authorize selling of fresh fish to non-tribal members. A Tribal member is not required to harvest fish to be eligible to obtain a Temporary Commercial Permit; however, the Tribal member must have taken the commercial fisher training. These permits may be obtained at Yurok Tribal Commercial Fishing Checkpoint (Checkpoint), which will be located at Requa, hours to be posted. Fish for fresh sale must be transported to the Checkpoint by boat and displayed to the clerk or examined by a fish monitor before a Permit will be issued. Fish with intact dorsal fins brought in by land are subsistence fish and the person transporting the fish will be subject to penalties as outlined in Section 601(d). Permits will be valid for five days following the date they are issued. A use fee of $3.00 per fish will be charged at the time the Temporary Commercial Permit is issued. Council will determine how the fees are to be used at a later date. The number of fish paid for will be noted on the Temporary Commercial Permit, and the permit holder will be authorized to sell only that number of fish. Information to be contained on the Temporary Commercial Permit includes the following: (a) (c) (d) (e) Expiration date Number of fish to be sold Location of harvest Tribal identification number of the permit holder Permit holder s name SECTION 416. Value Added Permits Fishers wishing to freeze and hold fish for later sale must take the fish through the Commercial Check Point Station before leaving the reservation. No Commercial Permit or sales tickets will be issued at this time, however the $3.00 per fish use fee will be collected and a receipt for the use fee issued. A holding permit will be issued for the number of fish to be frozen for later sale. Fish must be stored at a commercially approved facility and sold by April 15, 2015 there will be no exceptions. A holding permit will similarly be issued for fish to be commercially smoked for sale. Fish to be smoked must have the dorsal fin removed, and must be smoked by April 15, SECTION 417. Fish Sales Receipts Fish sales receipt books, consisting of three copies for each receipt, will be issued along with the Temporary Commercial Permits. Whenever a transaction of fish is made, a receipt must be filled out and a copy given to the buyer, one retained by the seller, and one returned or mailed within three days of sale to the Yurok Tribal Fisheries Program. The receipts (used and unused) must also be returned within three days after expiration of the Temporary Commercial Permit and prior to the issuance of another Temporary Commercial Permit or more receipts. Failure to turn in tickets will be penalized as outlined below. The receipt books and sales receipts should be returned to the Commercial Check Point where they were 16

17 obtained or to the Yurok Tribal Fisheries Office at the following address: Yurok Tribal Fisheries Program Attn: Commercial Fishery P.O. Box 1027 Klamath, CA The Fish Sales Receipts will contain the following information: Date fish were sold. Total number of fish sold. Price of fish sold (per pound or per fish) Tribal I.D. number of seller Name of seller Failure to turn in fish tickets in required time period: Loss of certification until all tickets returned. If tickets are lost: (1) First offense - fine of $15 per ticket lost (2) Second offense fine of $50 per ticket lost (3) Third offense fine of $50 per ticket lost, and loss of opportunity to sell fish by FOM for the remainder of the commercial season, and the next commercial season. If tickets are not turned in by October 31, 2014, tickets will be declared lost and penalized as above. SECTION 418. Authorized Requa Buyers A Temporary Commercial Permit is not required for selling to tribally authorized buyers at Requa. A use fee of $3.00 per fish will be charged for each fish sold to an authorized buyer. The buyers will issue receipts for fish purchased and will pay the use fee to the Tribe. Receipts from an authorized buyer do not need to be returned to fisheries by the seller. Fish must be transported to the buying station by boat. Fish with intact dorsal fins brought in by land are subsistence fish and the person transporting the fish will be subject to penalties as outlined in Section 601(d). 17

18 PART 5. TRIBAL GUIDE FISHERY SECTION 501. Tribal Guide Fishery The Tribal Guide Fishery is separate from the subsistence fishery and the commercial fishery. The Tribal Guide Fishery authorizes certified Tribal members to guide non-tribal members in the harvest of fish by angling from the Tribal allocation for Chinook salmon within the Yurok Reservation, or from the non-indian fishery for all species. The Tribal Guide Fishery shall remain open until the Tribal Guide Fishery allocation is harvested or until closed by an in-season adjustment. SECTION 502. Authorized Tribal Guide Fishery Products and Services The product and services authorized for sale under the Tribal Guide Fishery is the opportunity to fish with a Tribal certified guide and harvest Chinook salmon from the Tribal allocation and all species from the non-indian fishery. SECTION 503. Guide Certification Required In order to be a guide, a person must obtain certification by meeting the following minimum requirements: (a) (c) (d) (e) (f) (g) Payment of a $100 certification fee. Tribal member. Fishing rights not currently suspended. Knowledge of basic rescue operations. Knowledge of basic first aid. U.S. Coast Guard License for six or more clients Boat safety inspection certificate from Yurok Public Safety for operating with fewer than six clients, U.S. Coast Guard Boat Safety Inspection certificate for six or more clients (h) List experience that qualifies the applicant for guiding. SECTION 504. Duration of Guiding Season Guides may operate throughout the year, but harvest of Chinook salmon from the Tribal allocation shall only be permitted during the fall season. The fall season shall open July 27 and close on November 30, unless otherwise specified by an adjustment. SECTION 505. Location of Guide Fishery The Tribal Guide Fishery is permitted throughout the Reservation as provided in this HMP. SECTION 506. Indian Fishery Harvest Prohibited Except As Permitted No non-tribal member may harvest fish from the Indian fishery within the Yurok Reservation except as permitted by the Tribe. The Tribe will issue, by way of a Tribal guide, 18

19 a Yurok Fishing License authorizing non-tribal members to harvest Chinook salmon by angling from the Yurok Tribal allocation. SECTION 507. Harvest of Fall Chinook Salmon Only A non-tribal member with a Yurok Fishing License may harvest Chinook salmon from the Tribal allocation. No other fish, including coho salmon, steelhead, sturgeon, or eel, may be harvested by a non-tribal member from the Indian fishery within the Yurok Reservation. SECTION 508. Catch and Release Prohibited Catch and release of Chinook salmon is prohibited for the Tribal Guide fishery. All Chinook salmon that are caught must be kept. The daily bag limit for a Tribal guide boat is two adult Chinook salmon for each licensed angler and Tribal member. It is possible for one angler to catch more than two adult Chinook salmon as long as the boat limit is not exceeded, but each angler can only keep two adult Chinook salmon from the Tribal allocation per day. SECTION 509. Non-Tribal Member Fishing License Requirements In order to fish from the Tribal allocation, a person must obtain a Yurok Fishing License. This license is only valid while fishing with a Tribal certified guide. Fish harvested under this license come from the Tribal Guide Fishery allocation. A person agrees to the following conditions, at a minimum, in order to obtain a Yurok Fishing License: (a) (c) (d) (e) (f) License Fee. The non-tribal member shall pay a license fee of $20 for each adult fish. The license shall be valid for one day. The license may be obtained from the guide. Bag Limit for License. Up to two adult fish can be harvested on the day the license is valid. Grilse/jacks (fish less than 22 inch fork length) are not counted toward this daily limit and any number may be kept until the fisher reaches the daily adult fish limit. No fish harvested under the Tribal Guide Fishery allocation may be sold. No Past Violations of This Ordinance. A non-tribal member found guilty of violating this ordinance within the previous three years shall be ineligible to harvest fish from the Indian fishery within the Yurok Reservation. Tribal Guide Fishery Regulations Compliance. The non-tribal member shall comply with the FRO and this HMP. State Fish and Game Regulations Compliance. The non-tribal member shall comply with all California Fish and Game regulations regarding gear type and bag limits, except for licensing requirements and the bag limit for fish harvested from the Tribal allocation. When fishing from the Tribal allocation, a California fishing license is not required but a Yurok Fishing License is required. Harvest State Allocation Chinook First. If the non-tribal member has a California fishing license for the harvest of Chinook salmon, those Chinook must be harvested before any Chinook salmon are harvested from the Tribal 19

20 allocation. (g) Submission to Tribal Court Jurisdiction. The non-tribal member shall consent to Tribal Court jurisdiction for any violation of the FRO or this HMP, or any dispute arising under the license. SECTION 510. Fish Harvest Tickets All fish harvested from the Tribal allocation must be tracked. Whenever a fish is harvested by a non-tribal member pursuant to a Yurok Fishing License, the guide must fill out a fish harvest ticket and retain one copy, provide a copy to the licensee, and deliver or mail a copy to the Yurok Tribal Fisheries Program within three days of the harvest. A copy of all unused tickets must be delivered or mailed to the Yurok Tribal Fisheries Program no later than November 30, (a) Fish Harvest Ticket Information. Fish harvest tickets shall contain the following information: (1) Number and type of fish harvested. (2) Date fish were harvested. (3) Name of licensee. (4) Name of guide. (5) Tribal identification number of guide. Return of Tickets. Fish sales tickets may be returned to the office where they were obtained, or by mailing to the Yurok Tribal Fisheries Program, Attn: Tribal Guide Fishery, Highway 101 North, Klamath, California (c) Failure to Return Tickets. The Tribe may fine or refuse to certify as a guide any person who failed to return all prior fish harvest tickets within three days of fish harvest or November 30, whichever is earlier. Failure to return any used or unused ticket shall result in a $15 fine per ticket for the first offense, $50 per ticket for the second offense, and on the third offense the guide shall become ineligible for guide certification for one year. SECTION 511. Fish Harvest Records Guides may be required to maintain records of harvest in addition to complying with fish harvest ticket requirements. SECTION 512. No Tribal Liability All liability and expenses incurred by guides shall be the responsibility of the guide. The Yurok Tribe, including its officers, staff, and agents, shall not be liable for any liability or expense incurred by any person participating in the Tribal Guide Fishery. 20

21 PART 6. ENFORCEMENT AND PENALTIES SECTION 601. Penalties As per Sections 9(a) and 11(d) of the Yurok Tribal Fishing Rights Ordinance, penalties for violations of this HMP are set forth below. The court may assess fines as authorized under the FRO in addition to the penalties specified in this section. The following are mandatory minimum penalties to be imposed upon conviction of offenses listed in this HMP. The court has the discretion to impose up to the maximum penalty for any infraction, if in the court s assessment such penalty is warranted. (a) (c) (d) Level One Offense: The minimum penalties of this paragraph apply to a violation of the following sections: (1) Section 204. Fishing Hours, (2) Section 410. Marking of Non-Commercial Fish, and (3) Section 412. Use of Another s Commercial Buoy Prohibited. First offense - loss of fish and gear (except boats or vehicles). Second offense - loss of fish gear (except vehicle), and commercial fishing rights for a minimum of two weeks during the commercial season. Third offense - loss of gear, fish, and fishing rights for a minimum of two months during a commercial season. Level Two Offense: The minimum penalties of this paragraph apply to a violation of the following sections: (1) Section 207(a)-(d). Downstream Boundary for Fishing, and (2) Section 213. Attendance of Nets in the Estuary. First offense - loss of fish, gear (except for boats or vehicles), and commercial fishing rights for a minimum of one week during the commercial season. Second offense - loss of fish, gear (except vehicle), and fishing rights for one month during a commercial season. Third offense loss of fish, gear, and fishing rights for three months during a commercial season. Level Three Offense: The minimum penalties of this paragraph apply to a violation of the following sections: (1) Section 207(e). Net Fishing in Chute Prohibited, (2) Section 215. Ineligible Fisher Assistance Prohibited, and (3) Section 608. Suspension of Commercial Fishing Rights. First offense - loss of fish, gear (except vehicles), and commercial fishing rights for 30 days or until the end of the commercial season, whichever is longer. Second offense loss of fish, gear, and commercial fishing rights suspended for 180 days. Level Four Offense: The minimum penalties of this paragraph apply to a violation of the following sections: 21

22 (e) (f) (1) Section 302. Dorsal Fin Clip of Non-Commercial Fish, (2) Section 304. Sale of Subsistence Fish Prohibited, (3) Section 408. Transporting Commercial Fish, (4) Section 411. Commercial Buoy Required, (5) Section 415. Temporary Commercial Permits, and (6) Section 418. Authorized Requa Buyers. First offense loss of fish and gear, and loss of fishing rights for one year. Second offense loss of fish and gear, and loss of fishing rights for two years. Selling Fish Caught by Uncertified Fishers: The minimum penalties of this paragraph apply to a violation of Section 413. First offense penalty - loss of fishing rights for a period of two weeks during the commercial season. Second offense loss of fishing rights for two months during the commercial season. Noncooperation with Law Enforcement: Fishers are required to cooperate with law enforcement and fish monitors. The minimum penalties of this paragraph apply to a violation of Section 105. The penalty on the first offense for failure to cooperate will be loss of commercial and subsistence fishing rights for one month. (g) Penalties Doubled for Commercial Violations. Any person who violates a commercial or guide fishery provision of this HMP, or who violates the FRO or the HMP while commercial fishing or using a fish for commercial use, shall be subject to double the penalties specified in the FRO for that offense, unless a more specific provision applies under this section. SECTION 602. Citations Law enforcement officers may issue a citation to any person for an alleged violation of an HMP or the FRO. Such citation shall state the date, time, and location of the alleged violation and the name, if known, of the person charged. SECTION 603. Search of Personal Property Law enforcement officers who have a reasonable belief that any personal property contains any fish taken or possessed in violation of the FRO or an HMP, or was used to take a fish in violation of this ordinance, or that may be hiding fish from law enforcement or fish monitors, may search the property to investigate whether a fish was taken or possessed in violation of an HMP or the FRO. SECTION 604. Search of Real Property Law enforcement officers can enter real property to determine if a fish was taken or possessed in violation of an HMP or the FRO to the fullest extent allowed under the Indian Civil Rights Act, which governs searches and seizures. This section includes authorization for law enforcement to enter real property under various conditions, including but not 22

23 limited to the following: (c) The officer lacks a warrant but is lawfully at a place, an item is in plain sight, and the officer has probable cause to believe the item is contraband, stolen property, or evidence of violation of an HMP or the FRO (plain view exception); or The officer lacks a warrant, but the landowner does not maintain a reasonable expectation of privacy in the area, which generally includes front yards, access routes, driveways, or open fields, even if no trespassing signs are posted; or (d) The officer conducts a lawful search justified by the officer s need to investigate the officer s reasonable belief that a crime is being committed or an HMP or the FRO is being violated. SECTION 605. Search of Vehicles Law enforcement officers who have probable cause to believe that any transportation vehicle, including a boat, contains any fish illegally taken or possessed in violation of an HMP or the FRO may search the vehicle to determine if fish was taken or possessed in violation of an HMP or the FRO. SECTION 606. Seizure and Forfeiture of Fish and Gear Any net or other fishing gear, including vehicles and boats, used to violate an HMP or the FRO, or any fish taken or possessed in violation of an HMP or the FRO, may be seized by a law enforcement officer. A notice of seizure shall be left at the site where fish or gear were confiscated. Fish and gear so seized shall be held pending disposition by Court order except as specifically provided in an HMP or the FRO, including as allowed under section 608. Pursuant to Tribal Court order, any such fish or gear may be forfeited to the Tribe for a violation of an HMP or the FRO. The prosecutor may authorize law enforcement officers to release, without a Court order, any gear or fish seized when the prosecutor declines to prosecute a person for the suspected violation for which the gear or fish was seized. SECTION 607. Use of Seized Fish All fish seized may be utilized for subsistence or ceremonial purposes, be commercially sold, be donated to an elders program if edible, or be destroyed if inedible by the Yurok Tribe. Proceeds from sold fish shall be held pending disposition by the Tribal Court. Nothing in this section shall be construed to prevent undercover law enforcement officers from selling fish as part of their duties or to make legal the purchase of fish from such officers. SECTION 608. Suspension of Commercial Fishing Rights Any suspension of commercial fishing rights ordered by the Court shall only run during the commercial season, and such suspension will carry over into subsequent commercial seasons. Any person who fishes while suspended in violation of this section commits a level three offense under Section 601(c). 23

24 C*E*R*T*I*F*IC*A*T*I*O*N This is to certify that this 2014 Fall Harvest Management Plan was approved at a duly called meeting of the Yurok Tribal Council on, 2014, at which a quorum was present, and that this 2014 Fall Harvest Management Plan was adopted [by Consensus OR by a vote of for and opposed and abstentions in accordance with] the Yurok Tribal Fishing Rights Ordinance section 11. DATED THIS DAY OF 2014 Thomas P. O Rourke, Sr., Chairperson Yurok Tribal Council Mindy Natt, Council Secretary 24