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ORIGINALLY
ADOPTED: December 22 1986 |
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DATE
AMENDED: 1-15-88; 3-18-92; 6-2-93;12-9-93; 5-8-96 |
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SUBJECT:
Fish, and Wildlife |
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RESOLUTION
NUMBER: 182-86; 265-88; 019-92; 030-93; 083-93; 030-96 |
Fish and Wildlife Ordinance
Tribal Code § 6.40
(a) AUTHORITY AND PURPOSE: The purpose of this ordinance
is to provide for regulation of the exercise of hunting, fishing, and
gathering rights of the Confederated Tribes of the Grand Ronde Community
of Oregon.
(b) STATE LAWS TO APPLY: 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
of America and the Confederated Tribes of the Grand Ronde Community
of Oregon to Permanently Define Tribal Hunting, Fishing, Trapping,
and Animal Gathering Rights of the Confederated Tribes of Grand 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 Confederated Tribes of Grand Ronde Community of
Oregon v. State of Oregon, Civil No. 86-1620-BU, 1986.
2.
"Committee" means the Fish and Wildlife Committee established
pursuant to the provisions of this Ordinance.
3.
"Fish and Wildlife Department" or "F/W 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 of the Agreement.
5.
"State" means the State of Oregon.
6.
"Tribal Council" or "Council" means the Tribal Council
of the Confederated Tribes of the 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 11 - 12 of the Agreement.
9.
"Tribal hunting" means exercising tribal hunting rights as set
forth on pages 8 - 11 of the Agreement.
10.
"Tribal hunting and fishing area" means the area having the following
description: Beginning at McMinnville; southwest on State Highway
18 to Salmon River; west along Salmon River to Pacific Ocean; north
along Pacific Ocean coastline to the south shoreline at mouth of Tillamook
Bay; east along Wilson River to 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 to McMinnville, 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 of the 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 permanently
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) POLICY: The fish and wildlife policy of the 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 of tribal subsistence fish for the
benefit of the tribal membership.
5.
Work to improve fish and wildlife habitat in the local area for the
benefit of all in cooperation with state and other tribal, state and
federal agencies.
(e) FISH AND WILDLIFE COMMITTEE: The Council hereby establishes
a Fish and Wildlife Committee. The Committee shall be regulated by this
Ordinance, General Committee Ordinance and other regulatory Ordinances
of the Tribe.
1.
In addition to the General Committee Ordinance rules regarding qualifications
for committee membership, the following shall apply:
(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 of the 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.
(D)
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.
(f) 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 tribal license, and indicate by signing the statement that they
will comply with all provisions of this Ordinance.
3.
Contents: The license shall show the member's name, photograph,
enrollment number, and any other information required by the Committee,
subject to approval by the Council.
(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 of the
tribe's hunting and fishing area, including the ocean; provided the
member remains on land while fishing.
(j) SEASON: The season for tribal fishing shall be the same
as that prescribed for all citizens in the tribal hunting and fishing
area. The F/W Department shall make copies of the 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.
(l) TAKING OF SPECIALLY TREATED GAME FISH: Tribal members
may purchase salmon, steelhead and sturgeon tags to be used with their
tribal licenses.
(m) SUBSISTENCE SALMON-SUPPLY: The tribe has the right to
receive up to 4,000 pounds annually of surplus salmon carcasses from
the State of Oregon. The F/W Department shall, at its option, participate
in the final selection of the 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. FM staff shall obtain fish
at the location designated by the State and distribute the subsistence
fish to tribal members.
(n) DEER/ELK AND BEAR TAGS: Each year the State of Oregon
shall issue 395 deer and elk tags (not to exceed 45 elk tags) and 5
bear tags to the tribe for tribal hunting.
(o) 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 F/W Department shall obtain controlled
hunt permits for up to 10% of the total controlled tags authorized for
all citizens for said hunt. The F/W Department shall distribute any
tags by means of a drawing to be held at the time and location specified
by the F/W Department. Permits Issued for controlled hunts shall be
valid only when used with an unused tribal tag.
(r) TAGS: The F/W 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
gatherings 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 F/W Department
as required below.
(B)
The remainder of the deer tags shall be issued on a first-come,
first-served basis.
(C)
The remaining elk tags shall be issued to licensed tribal members
who register for a drawing to be conducted by the F/W Department.
The first 2/3 of the tags shall be issued to people whose names
are drawn for State's first elk season; the remaining 1/3 of the
tags and the unused tags shall be issued to the members whose names
are drawn for the State's second season.
(D)
The remaining bear tags shall be issued to licensed tribal members
who register for the drawing to be conducted by the F/W 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.
Reporting. 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 F/W Department within 10
days of the last day of the hunt.
4.
Return Of Unused Tags. Any unused tag must be returned
to the F/W Department for reissuance to another licensee.
5.
Records. The F/W Department shall maintain accurate records
of all tags issued and returned and the number of animals taken.
6.
Eligibility. Hunting tags shall not be issued to any member
between the ages of 12 and 18 unless they possess a safety certificate
approved by the F/W 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
non-commercial uses subject to the State's right to regulate gathering
for conservation purposes.
1.
Gathering of sea 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 of the 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 and/or Tribal
law shall be considered a violation. Any tribal member or staff member
aware of a violation shall report the violation to the F/W Department.
The report shall be in detail and include a list of witnesses if applicable.
The report shall be signed by the tribal member making the report.
(u) SUSPENSION OR REVOCATION: If the F/W Department finds
that a tribal member has committed a violation, it shall suspend or
permanently revoke the member's hunting, fishing and/or gathering privileges.
The Fish and Wildlife Committee shall consider, all pertinent facts
in determining the severity of the penalty.
(v) Notice Of Violations: The F/W 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 of the Committee's next
meeting (At that time, the tribal member may present evidence related
to the violation).
The notice shall be sent by certified mail to the members last known
address. If the notice is not accepted within 10 working days, the F/W
Department shall send a second notice by certified mail. The second
notice shall state, in addition to the information in the first notice,
that this is the final notice and that the F/W Department shall proceed
with imposing the penalty.
(w) APPEALS: Appeals shall be conducted in accordance with
procedures set out in the rules and regulations developed by the Committee.
Said rules shall include the following:
1.
Tribal members may appeal decisions imposed by the F/W Department
to the Committee. The appeal shall be dismissed if not filed with
the Committee within 10 days of the member's receipt of the first
notice, or within 10 days of the mailing date of the "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.
2.
The Committee shall consider all facts including the nature of the
violation and evidence received, and shall make a decision. The F/W
Department shall notify the tribal member of the decision in writing
within 14 days of the date the appeal was heard by the Committee.
3.
Tribal members who disagree with the decision of the Committee may
appeal to the Tribal Court only on the grounds that the decision
is a violation of the Tribal Constitution 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
of the 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 F/W Department may petition the Court to revoke a pardon within
one year if the Department discovers information that indicates that
one or more of the material facts presented in support of the request
for pardon were false, provided the F/W Department had no prior
knowledge of the new evidence or no reasonable means of access to
such information.
3.
The Court may revoke the pardon, if the Committee demonstrates by
clear and convincing evidence that any of the material facts presented
in support of the 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 Of Grand Ronde Community Of Oregon V. State Of Oregon, civil
no. 86-1620-BU.
(z) SEVERABILITY: If a court of competent jurisdiction finds
any provision of this Ordinance to be invalid or illegal under applicable
federal, or tribal law, such provision shall be severed from this ordinance
and the remainder of the ordinance shall remain in full force and effect.
(aa) REPEAL OF PREVIOUS 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 of the Confederated Tribes of the Grand
Ronde Community of Oregon Fish and Wildlife Ordinance.
Tribal Council Secretary
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