Chapter 12.04

This Code shall be known as the “Revised Puyallup Tribal Fisheries Management Code.” It is intended to be civil rather than criminal in nature and is enacted for the welfare and security of the Puyallup Tribe of Indians, its members and its fisheries resource. Major purposes of this Code include:

(a) To ensure that all Puyallup Indians may exercise equal opportunity and rights to take fish as intended and protected under the Medicine Creek Treaty, 10 Stat. 1132, as contracted with the people and government of the United States.

(b) To manage the harvests of various fish species, including Chinook salmon, Coho salmon, Pink salmon, Chum salmon, and Steelhead, in such manner as to provide for best economic utilization of harvestable resources, to meet essential conservation requirements for perpetuating the respective species and runs at optimum levels, and to demonstrate respect for the rights and privileges of other Tribes and people having interest in these resources.

(c) To establish systems of resources management and training for meeting the program goals of the Puyallup Tribe, for monitoring harvest impacts and conservation needs, for securing information, technical assistance and expertise from other available sources for use in the conduct of these activities and for evaluating and otherwise carrying out Tribal management responsibilities.

(d) To enforce the provisions of this Code and other Tribal laws and regulations governing Tribal fishing activities. [Res. 211094 (10/21/94); prior code § 12.01.010]

12.04.020 Jurisdiction.

(a) The Puyallup Tribe shall exercise exclusive jurisdiction within the limits of the exterior boundaries of the Puyallup Indian Reservation and where the exclusive right of taking fish remains with the Puyallup Tribe.

(b) This Code and the regulations adopted in accordance with its provisions shall be applicable in all usual and accustomed fishing areas reserved and secured to Puyallup Indians under the Medicine Creek Treaty. Where such areas are jointly held or used by the Puyallup Tribe and other Indian tribes, concurrent jurisdiction shall be recognized. The Puyallup Tribe shall exercise legal jurisdiction over all Indian persons in the taking of fish within the foregoing described areas. All land areas and all tidal, intertidal and subtidal areas appurtenant to or associated with waters used in fishing or fisheries activities are within the usual and accustomed fishing areas reserved and secured by the Medicine Creek Treaty for jurisdictional purposes under this Code and all regulations adopted in accordance with its provisions. [Res. 120808D (08/12/08); Res. 211094 (10/21/94); prior code § 12.01.020]

12.04.030 Definitions.

Words of this Code shall have the meaning given them in this Code unless the context clearly indicates another meaning. If the meaning of a word is not clear, it shall be construed in harmony with the purposes of this Code.

“Commission” or “Fisheries Commission” means the Puyallup Tribe of Indians Fisheries Management Commission.

“Council” or “Tribal Council” means the Puyallup Tribe of Indians Tribal Council.

“Court” or “Tribal Court” means the Puyallup Tribal Court.

“Drift net” means a gill net which is either attached to a boat at one end and unattached at the other or is unattached at both ends of the net.

“Elder” means a Puyallup Tribal member who has reached the age of 45 years.

“Fisheries Division” means the Puyallup Tribal Fisheries Management Division.

“Fishers” means men and women who are authorized to participate in the fisheries belonging to the Puyallup Tribe of Indians.

“Fishing activity” means any activity that contributes to the taking of fish.

“Fishing year” means that period of time from July 1st to June 30th of the following calendar year.

“Member” means a duly enrolled member of the Puyallup Tribe of Indians.

“Prosecutor” or “Tribal Prosecutor” means the Prosecutor for the Puyallup Tribe of Indians.

“Revenue fishery” means a fishery conducted by and on behalf of the Tribe and the revenues from which belong to the Tribe.

“Set net” means a gill net which has one end attached to the shore, beach, bank, piling, or bridge support and the other end attached to a submerged anchor.

“Spouse” means a person’s husband or wife through a legally recognized marriage.

“Tribe” means the Puyallup Tribe of Indians unless the context clearly indicates otherwise. [Res. 211094 (10/21/94); prior code § 12.01.030]

12.04.040 Authority of the Tribal Council.

The Puyallup Tribal Council shall have the authority to amend this Code in whole or in part, subject to applicable manners of review. No action taken by the Puyallup Fisheries Management Commission will be effective unless it has been adopted or approved by the Tribal Council, except that emergency measures authorized to be taken by the Fisheries Management Commission shall have immediate effect and shall remain in force until their expiration, or until the Tribal Council shall have earlier disapproved or modified such emergency measures. [Res. 211094 (10/21/94); prior code § 12.01.040]

Subchapter 2. Fisheries Management Commission

12.04.050 Appointment of Fisheries Management Commission.

The Fisheries Management Commission shall be composed of five Puyallup Tribal fishers and two alternates, appointed by the Tribal Council, who shall serve until replaced, at the discretion of the Council. [Res. 230304C (03/23/04); Res. 211094 (10/21/94); prior code § 12.01.110]

12.04.060 Eligibility.

A candidate for membership on the Fisheries Management Commission must be an enrolled member of the Puyallup Tribe, and have no Tribal Court convictions of any fishing violation in the last two years. [Res. 211094 (10/21/94); prior code § 12.01.120]

12.04.070 Vacancies and removal from office.

If a Fisheries Management Commissioner shall die, resign, or be found guilty of a fisheries violation in Tribal Court, or be removed for failure to carry out the duties set forth in PTC 12.04.090 or 12.04.100, the Tribal Council shall appoint one of the alternates to serve as Commissioner, and shall appoint a new alternate Commissioner. [Res. 230304C (03/23/04); Res. 211094 (10/21/94); prior code § 12.01.130]

12.04.080 Annual Fishers Meeting.

The Annual Fishers Meeting shall be held during the month of December. Every year the date shall be jointly scheduled by the Commission, the Fisheries Policy Director, and the Tribal Council. [Res. 211094 (10/21/94); prior code § 12.01.140]

12.04.090 Duties of the Commission.

The Commission shall be responsible for the implementation of this Code. Administration and management of this Code may be delegated to the Puyallup Tribal Fisheries Management Division by the Commission as it deems necessary. The Commission shall also propose annual and emergency regulations and amendments of this Code to the Tribal Council for its approval. The Commission’s duties include, but are not limited to, the following:

(a) Prepare and propose both annual and emergency regulations for adoption by the Tribal Council, as necessary. In addition, the Commission shall be responsible for reporting justification information for any regulations.

(b) Prepare and propose any amendments to the Revised Fisheries Management Code of the Puyallup Tribe.

(c) Arrange for a reasonable and convenient system for all Tribal fishermen to report their daily fish catches, locations of catches, and the sizes of gear and equipment being used by each fisher unit; and prepare daily reports and inventories on all information reported or received.

(d) Coordinate with appropriate federal, state, and other Tribal agencies, in the receipt, collection, or transmittal of information and data relating to predicted or indicated size of fish runs, volume of fish catches, spawning escapements, sufficiency of escapements, needs for any emergency regulations, or other information related to management needs or decisions, on a reasonable and periodic basis.

(e) Receive and consider information, grievances, and recommendations from Tribal fishermen and other Tribal members, other Indian tribes, federal and state agencies, or other interested parties relating to the conduct of Tribal harvests, conservation needs, or related management decisions.

(f) Coordinate with the Tribal enforcement personnel activities which will minimize violations of Tribal regulations and assist conformance; aid in the monitoring of Tribal harvests and the gathering of any required report information; enable cooperative enforcement activities or patrols between Tribal officers and other agencies to minimize non-Tribal interferences with authorized Tribal fishing activity; or otherwise aid in the monitoring or management purposes and objectives of the Puyallup Tribe.

(g) Provide for a licensing or identification system for all boats and gear used by Tribal fishers and authorized fishing assistants in Tribally authorized fishing activities.

(h) Provide development of Tribal programs, or Tribal participation in other programs, which will contribute to Tribal fish resources conservation, rehabilitation, development and enhancement, or which will contribute to the development of new employment opportunities for Tribal members in fisheries management activities and in fisheries-related industries. [Res. 211094 (10/21/94); prior code § 12.01.150]

12.04.100 Conducting business.

For the purpose of conducting business the Fish Commission shall meet at least once per week and must have a quorum of the Fisheries Commission which shall be three members. The day, time and location of the Fish Commission weekly meeting shall be prominently posted at the Fisheries Division and the Tribal Administration Building. Any decisions or approval of regulations and ordinances to be proposed to the Tribal Council shall be by simple majority vote of the Fish Commission members present. [Res. 211094 (10/21/94); prior code § 12.01.160]

Subchapter 3. Fisheries Policy Director

12.04.110 Appointment.

The Fisheries Policy Director shall be appointed by the Tribal Council. [Res. 211094 (10/21/94); prior code § 12.01.210]

12.04.120 Duties of the Policy Director.

The Policy Director’s duties shall include but not be limited to the following:

(a) Acting as the Tribal representative in all fisheries policy forums including, but not limited to, intertribal allocation, Pacific Salmon Treaty, Pacific Fisheries Management Council, Cooperative Management, Timber, Fish and Wildlife meetings, and other public forums concerning Tribal fishing rights;

(b) Acting as a Puyallup Tribal Commissioner on the Northwest Indian Fisheries Commission;

(d) Reporting directly to the Council on fish and wildlife policy issues and communicating the status of current fisheries issues to the Fish Commission and the Director of the Fisheries Management Division;

(e) Acting as Tribal representative on all other issues concerning environmental protection, enhancement, wildlife, hunting and all other policy forums concerning fish and wildlife habitat, and all other issues as directed by the Council. [Res. 211094 (10/21/94); prior code § 12.01.220]

Subchapter 4. Regulations

12.04.130 Annual regulations.

Prior to the opening of a fishing season, the Tribal Council shall adopt annual fishing regulations to be effective until the following June 30th. [Res. 211094 (10/21/94); prior code § 12.01.310]

12.04.140 Emergency regulations.

(a) The Tribal Council may, upon the recommendation of the Fish Commission, make emergency changes in annual regulations when deemed necessary to ensure proper management of the fisheries resource, including opening or closing a Tribal fishery.

(b) The Fish Commission may be authorized to approve emergency or in-season regulations as to the openings and closures of specific areas, allowable gear type and specific species. Emergency or in-season regulations shall be effective upon their issuance or according to their terms and shall remain in effect until modified, disapproved or expired.

(c) No penalty shall be imposed for violations of an emergency regulation unless 24 hours have passed since its issuance, unless personal notice has been given to the affected fisherman. Emergency regulations shall be posted at prominent locations throughout the Reservation. [Res. 211094 (10/21/94); prior code § 12.01.320]

Subchapter 5. Eligibility and Limitations

12.04.150 Persons eligible to fish.

(a) Only duly enrolled members of the Puyallup Tribe, aged 16 or older, or other persons authorized to assist Tribal members shall be authorized to engage in any fishing activity which is, or may be, allowed under provisions of this Code or Tribal regulations; provided, that any grandchild of a Tribal member under the age of 16 may be authorized at the discretion of the Fish Commission to engage in any commercial or net fishery pursuant to this Code or any Tribal regulations. Such approval shall be made on an individual basis for hardship reasons including, but not limited to, ill-health of the grandparents. Further, such approval is subject to a letter of agreement from the child’s school or other proof of school approval such as school credit for the extracurricular fishing activity. The Commission’s approval shall be subject to discretionary revocation including, but not limited to, noncompliance with any provisions of the school agreement.

(b) It shall not be a violation of this Code for Tribal members under the age of 16 years of age to be present during the exercise of any Treaty fishing activity if accompanied by an authorized Treaty fisher, and the child is present only after the hours of 3:00 p.m., a holiday, or a weekend.

(c) Any fisher who has not paid in full his or her fish tax or fisheries-related Tribal Court fine or judgment or who has otherwise failed to satisfy a fisheries-related Tribal Court judgment or order shall be denied Tribal fisheries privileges under this Code (fin fish) until such time as such tax, fine and judgment have been paid and satisfied in full. [Res. 230306 § I (03/23/06); Res. 211094 (10/21/94); prior code § 12.01.410]

12.04.160 Restriction of fishing activity.

(a) Any person issued an identification card, permit or license shall not engage in the commercial fisheries of any other Indian tribe, or any state, during the same season, July 1st through June 30th, as when Puyallup Tribal authorization is being used or utilized in a Puyallup Tribal fishery.

(b) This section shall not prohibit any person from aiding, accompanying, or assisting fishers of other Tribes in the operation of fishing gear or equipment if such activities are authorized by another Indian tribe but shall only prohibit the person from simultaneously working as a principal fisher under authorization from some other tribe. Violations of this subsection may result in revocation of the person’s Tribal identification card, permit or license.

(c) Exceptions to the requirements of this Code may be granted by the Puyallup Tribal Council when good cause and a demonstrated need are shown by written application. The Tribal Council shall issue a written statement either granting or denying the exception. Tribal policy generally shall be to deny exemptions, but extraordinary and exceptional circumstances affecting the welfare of Tribal members should be considered. [Res. 211094 (10/21/94); prior code § 12.01.420]

12.04.170 Noncommercial fishing.

Any enrolled member may fish within the Tribe’s usual and accustomed fishing areas for personal consumption, subsistence, ceremonial purposes, or for recreational sports fishing, provided he or she is in possession of a valid Tribal fisheries identification card as required by PTC 12.04.300 and that he or she fishes in compliance with Tribal law. [Res. 240707 § I (07/24/07); Res. 211094 (10/21/94); prior code § 12.01.430]

12.04.180 Hook and line fishery.

Any Tribal member in possession of a Tribal fisheries identification card may fish with hook and line in any fishery per regulated season. There shall be a limit of eight salmon per member per day. Limits for other species may be authorized by annual or in-season regulations. The number, weight and specie of fish caught shall be recorded and reported to the Fisheries Management Division within 24 hours of being taken. This fishery shall be open during the entire year unless otherwise specified by annual or in-season regulation and shall be noncommercial in nature. [Res. 240707 § II (07/24/07); Res. 211094 (10/21/94); prior code § 12.01.440]

12.04.190 Ceremonial fishing.

Any Tribal member, upon application to the Commission, shall be granted the privilege of harvesting fish in such number, species and manner as authorized by the Commission for the purpose of fulfilling requirements and needs for traditional Tribal ceremonies. Any member who is limited in or denied the privilege of taking ceremonial fishing, for other than conservation reasons, by the Commission has the right of immediate appeal to the Tribal Council whose decision shall be final. [Res. 211094 (10/21/94); prior code § 12.01.450]

12.04.200 Bottom fishery.

Fishing for bottom fish may be authorized in accordance with annual or emergency regulations issued by the Fish Commission. [Res. 211094 (10/21/94); prior code § 12.01.460]

Subchapter 6. Fishing Assistants

12.04.210 Assistant-aided fishing.

This Code creates and regulates the privilege granted to certain nonmembers of the Puyallup Tribe to assist authorized Puyallup Tribal members in their fishing activities. The grant of this privilege is within the discretion of the Tribe, is subject to regulation and revocation by the Tribe and does not create an enforceable right in either the nonmember or the Puyallup spouse or relative. The Puyallup Tribal Council may delegate to the Fish Commission the authority to approve applications for assistant cards, according to the criteria in PTC 12.04.220 and 12.04.230. In order to be authorized by the Tribe to assist with fishing activities, a nonmember must meet all the requirements and comply with all provisions of this Code. [Res. 211094 (10/21/94); prior code § 12.01.510]

12.04.220 Assistant card.

To assist a Puyallup member with the member’s Treaty-protected fishing activities, a nonmember must obtain an assistant card from the Tribe. A nonmember will be eligible for an assistant card only if he or she is 16 years of age or older, unless authorization has been granted following the same procedure outlined under PTC 12.04.150, is a member of a federally recognized Indian tribe, presents written proof of that membership and is:

(a) The spouse of the Puyallup Tribal member, and domiciled with and providing family support and subsistence for that Puyallup member. He or she must submit written proof of their marriage and both the proposed assistant and his or her Puyallup spouse must verify in writing under oath that they are married; or

(b) A parent or grandparent of the Puyallup member; or

(d) A sibling of the Puyallup member. [Res. 211094 (10/21/94); prior code § 12.01.520]

12.04.230 Elder helpers.

A Puyallup Tribal member will be eligible for an assistant card as an elder’s helper to assist an elder in need of assistance for reasons such as ill-health, disability, etc. In order to be authorized to be an elder’s helper, a member must meet all the requirements set out below and comply with all provisions of this Code:

(a) Must be a member of the Puyallup Tribe; and

(b) Must be over the age of 16 years of age. [Res. 211094 (10/21/94); prior code § 12.01.530]

12.04.240 Consent by nonmember.

To obtain an assistant card, a nonmember must sign a consent form prepared by the Tribe in which he or she agrees to the following:

(a) To abide by all Tribal laws including this Code and all fishing regulations enacted by the Tribe;

(b) To submit to the criminal jurisdiction of the Tribe and the Puyallup Tribal Court. The consent shall subject the nonmember to all provisions of Tribal law including those governing detention, trial, and imposition of sentence, including fines and/or imprisonment as provided by Tribal law;

(c) To submit to the civil jurisdiction of the Tribe and the Puyallup Tribal Court. The consent shall subject the nonmember to all provisions of Tribal law, both substantive and procedural;

(d) That if he or she receives a citation or other notice of violation of a Tribal law, fishing or otherwise, or of violation of a fishing law or regulation from any other jurisdiction, he or she agrees that his or her assistant card and fishing privileges shall be deemed automatically suspended pending the hearing described in PTC 12.04.270, that he or she will immediately surrender his or her assistant card and will not challenge the authority of the Tribe to take these steps;

(e) That if the Puyallup Tribal Court determines in a civil or criminal proceeding that he or she violated Tribal law, fishing or otherwise, his or her assistant card and fishing privileges will be revoked by the Court for the remainder of the fishing season, and that although he or she has whatever right of appeal that is available under Tribal law, he or she will not challenge the authority of the Tribe to take these steps;

(f) That this fishing privilege is available only if his or her Puyallup spouse or relative, whose relationship makes him or her eligible for an assistant card, agrees in writing to the issuance of the assistant card, and that his or her assistant card and fishing privileges shall be deemed automatically revoked whenever the Puyallup spouse or relative revokes his or her consent;

(g) That he or she will assist with fishing activities only if the Puyallup member is present and will not engage in fishing activities under authority of the assistant card in the absence of the Puyallup Tribal member;

(h) That the fish harvested from fishing activities in which he or she assisted will be used for the support of his or her family, and that if it is not used for that purpose, he or she agrees that the Tribe can unilaterally revoke the assistant card and fishing privileges;

(i) To waive any claim he or she may have against the Tribe and all departments, officials and employees of the Tribe based on:

(1) The issuance of any citation or other notice of violation of Tribal law, regardless of the determination made in any civil proceeding;

(2) The revocation of his or her assistant card and fishing privileges; or

(3) Any action taken against him or her by federal, state, or local law enforcement or other officials;

(j) That if he or she at any time revokes the consent, his or her assistant card and fishing privileges shall be deemed automatically revoked, and that if he or she at any time refuses to abide by any provision of the consent, the Tribe may immediately revoke his or her assistant card and fishing privileges. [Res. 211094 (10/21/94); prior code § 12.01.540]

12.04.250 Jurisdiction.

Upon execution of the consent form, the Tribe shall have jurisdiction to enforce all civil and criminal laws of the Tribe, both substantive and procedural, against the nonmember. [Res. 211094 (10/21/94); prior code § 12.01.550]

12.04.260 Consent by the Puyallup spouse or relative.

In order for a nonmember to receive an assistant card, there must be on file with the Tribe a consent form prepared by the Tribe and executed by the Puyallup spouse or relative whose relationship makes the nonmember eligible for an assistant card under PTC 12.04.220, in which the Puyallup member agrees to the issuance of the card to the nonmember. The Puyallup member may revoke this consent at any time with or without cause, in which case the nonmember’s assistant card and fishing privileges shall be deemed automatically revoked. [Res. 211094 (10/21/94); prior code § 12.01.560]

12.04.270 Interim suspension of assistant card.

In each of the following circumstances, the assistant card and fishing privileges of a nonmember shall be deemed automatically suspended pending a hearing as prescribed in this Code. Upon the occurrence of any of these events, the Tribal Prosecutor shall send notice to the nonmember that his or her assistant card and fishing privileges have been suspended pending the hearing:

(a) If a citation, complaint or other criminal action is brought against him or her for violation of any Puyallup Tribal law; or

(b) If any non-Indian law enforcement official issues him or her a citation for violation of any fishing law or regulation. [Res. 211094 (10/21/94); prior code § 12.01.570]

12.04.280 Civil proceeding.

For any violation of this Code, the Tribal Prosecutor shall institute a civil action in Tribal Court against the nonmember to determine whether he or she violated Tribal law or a non-Indian fishing law or regulation. The action shall be filed within 10 working days after the Prosecutor is given written notice that such an event occurred. [Res. 211094 (10/21/94); prior code § 12.01.580]

12.04.285 Unlawful assistance.

It shall be unlawful for any person to engage in fish harvesting activity while assisted or accompanied by a nonmember unless the nonmember has a current, valid assistant card under this Subchapter 6. [Res. 230306 § III (03/23/06); prior code § 12.01.585]

12.04.290 Providing data.

Anyone authorized to fish pursuant to this Code shall be responsible for providing the Fisheries Division all data as required by PTC 12.04.520. [Res. 211094 (10/21/94); prior code § 12.01.590]

Subchapter 7. Tribal Identification, Permits and Licenses

12.04.300 No fishing without identification card.

No person, except those expressly exempt by the provisions of this Code, may engage in any authorized fishery unless he or she has a valid Tribal fisheries identification card. [Res. 211094 (10/21/94); prior code § 12.01.610]

12.04.310 Fines and judgments to be paid.

No person shall have Tribal fisheries privileges under this Code (fin fish) until he or she has paid and satisfied in full all fish taxes and fisheries-related Tribal Court fines, judgments and orders. [Res. 230306 § II (03/23/06); Res. 211094 (10/21/94); prior code § 12.01.620]

12.04.320 Affidavit by Tribal fisher.

No person shall be issued a Tribal fisheries identification card or permit without first signing an affidavit stating that the fisher has received and read this Code, known as the Revised Puyallup Tribal Fisheries Management Code. [Res. 211094 (10/21/94); prior code § 12.01.630]

12.04.330 Identification card data.

Identification cards shall be encased in transparent plastic and contain the following information:

(a) Name and address of person;

(b) Date of birth;

(d) Tribal affiliation;

(e) Tribal enrollment or fisheries identification number;

(f) Series number of card;

(g) Current annual validating sticker;

(h) Signature of Tribal official authorizing the card. [Res. 211094 (10/21/94); prior code § 12.01.640]

12.04.340 Display of identification card or permit.

All persons to whom permits or identification cards are issued shall produce and display with reasonable promptness their Tribal fisheries identification cards or permits upon the demand of a duly authorized Law Enforcement Officer. [Res. 211094 (10/21/94); prior code § 12.01.650]

12.04.350 Identification cards and permits nontransferable.

Any permits and identification cards issued under this Code shall be nontransferable. [Res. 211094 (10/21/94); prior code § 12.01.660]

12.04.360 Altered identification cards or permits to be seized.

An identification card or permit which has been altered in any manner after issuance shall be subject to immediate seizure by any Law Enforcement Officer, employee of the Tribal Fisheries Management Division or member of the Commission. [Res. 211094 (10/21/94); prior code § 12.01.670]

Subchapter 8. Identification of Gear and Boats

12.04.370 All boats and gear to be marked and registered.

All boats and gear shall be marked as required by PTC 12.04.380 and registered with the Tribal Law Enforcement Division in the name of their legal owner. No gear shall be authorized for use unless it is so marked and registered. [Res. 211094 (10/21/94); prior code § 12.01.710]

12.04.380 Identification of gear and boats.

All fishing gear shall be conspicuously marked in such a way that its owner may be identified without the removal of the gear from the water. All unmarked gear and boats which are unattended and any fish found therein may be seized and made subject to forfeiture. [Res. 211094 (10/21/94); prior code § 12.01.720]

Subchapter 9. Seasons and Areas

12.04.390 Seasons and areas.

By Tribal resolution, the Council shall adopt and issue annual or emergency regulations which announce the seasons and areas for the Puyallup fisheries. The Council shall consider all recommendations, reports or other proposed regulations submitted to it by the Fish Commission. [Res. 211094 (10/21/94); prior code § 12.01.810]

12.04.400 Areas.

The following geographical areas or portions of those areas shall be open for commercial fishing as announced by annual or emergency regulations issued by the Commission in accordance with PTC 12.04.140:

(a) Area 10. Area 10 shall include those waters of Puget Sound southerly of a line projected from the Apple Cove Point light to the light at the south end of the Edmonds’ breakwater at Edwards Point, westerly of a line projected 233 degrees true from the Acapulco Restaurant near Shilshole Marina through entrance piling No. 8 to the southern shore of the entrance to Lake Washington Ship Canal, westerly of a line projected 185 degrees true from the southwest corner of Pier 91; through the Duwamish Head light to Duwamish Head, northerly of a true east-west line passing through the Point Vashon light, easterly of a line projected from Orchard Point to Beans Point on Bainbridge Island, and northerly and easterly of a line projected true west from Agate Point on Bainbridge Island to the mainland.

(b) Area 11. Area 11 shall include those waters of Puget Sound southerly of a true east-west line passing through the Point Vashon light, northerly of a line from Browns Point to the former Asarco smelter stack on the opposite shore of Commencement Bay, and northerly of the Tacoma Narrows Bridge.

(c) Area 11A. Area 11A shall include those waters of Puget Sound southerly of a line from Browns Point to the former Asarco smelter stack on the opposite shore of Commencement Bay.

(d) Area 13. Area 13 shall include those waters of Puget Sound southerly of the Tacoma Narrows Bridge and a line projected from Green Point to Penrose Point and northerly and easterly of a line projected from the Devil’s Head light to Treble Point, thence through lighted buoy No. 3 to the mainland and westerly of the railroad trestle at the mouth of Chambers Bay.

(e) Area 13A. Area 13A shall include those waters of Puget Sound northerly of a line projected from Green Point to Penrose Point.

(f) Area 13C. Area 13C shall include those waters of Puget Sound easterly of the railroad trestle at the mouth of Chambers Bay.

(g) Puyallup River. The Puyallup River fishing area shall include those waters of the Puyallup River and its tributaries, including the White and Carbon Rivers. [Res. 211094 (10/21/94); prior code § 12.01.820]

12.04.410 Areas closed to fishing.

All areas are closed to fishing unless otherwise specifically opened by annual or emergency regulation.

The following areas are closed to all fishing done under this Code and other regulations of the Puyallup Tribe until any such waters might otherwise be opened to Tribal fishing, notwithstanding any provisions declaring maximum open areas and general seasons as adopted under PTC 12.04.390, Seasons and areas.

(a) All waters of Commencement Bay south of the line formed by N. 30th St. directly east to the mouth of Blair Waterway (or 258 degrees magnetic from the mouth of Blair Waterway) to the mouth of the Puyallup River 100 yards upstream from the green navigation light.

(b) Those portions of the Puyallup River and its tributaries upstream from the exterior southeasterly boundary of the Puyallup Reservation.

(d) All waters within 400 feet of any weir, fish ladder, hatchery, or any tributary of the Puyallup Tribe.

(e) All waters of Puget Sound lying outside the above-described boundaries of the Marine Fisheries Management Zones; and other than the Puyallup River, all of the adjacent and tributary freshwater streams emptying into the Puget Sound in accordance with the area descriptions in PTC 12.04.400, Areas. [Res. 211094 (10/21/94); prior code § 12.01.830]

Subchapter 10. Test Fisheries, Biological Experimentation

12.04.420 Exceptions for biological experimentation, revenue fishery or experimental fishery.

Notwithstanding seasons or areas, the Commission may authorize a Tribal fishery for management of the resource; biological testing; experimentation, including fish marking or tagging projects; evaluation of programs and regulations; determination whether a specific fishery resource or area shall be open to Tribal fishermen; or for a revenue fishery. The Commission may also authorize and cooperate or participate with agencies of the state of Washington or the United States government in such operations or fisheries, subject to the following conditions:

(a) That the purpose(s), nature and duration of any Tribal government fishery shall be written and filed in advance with the appropriate federal and state agencies if such operations or fishery is to occur in any waters or time periods which are then closed to the Puyallup Tribe.

(b) Preference shall be given to Puyallup Tribal fishers in any hiring, contracting, or other arrangements for the use of gear and equipment in such projects when Tribal owned gear or equipment is unavailable. [Res. 211094 (10/21/94); prior code § 12.01.910]

12.04.430 Disposition of income from test fisheries.

Any income received by the Tribe from any such Tribal test fishery shall be, within three working days, submitted to the Tribal Accounting Office to be placed in the Fisheries Enhancement Account. [Res. 211094 (10/21/94); prior code § 12.01.920]

Subchapter 11. Lawful Gear and Equipment

12.04.440 Commercial gill nets.

Commercial gill nets shall be limited to those authorized for each of the designated fishing areas as follows.

(a) Puyallup River:

(1) No set net shall exceed 60 feet in length.

(2) No Puyallup River drift nets shall be longer than 210 feet.

(b) Marine waters of Puget Sound:

(1) Area 11: Drift nets shall not exceed 1,800 feet in length in any waters of East Passage and West Passage.

(2) Area 11A: Drift nets shall not exceed 1,800 feet in length in Commencement Bay, the Tacoma Narrows, or in Puget Sound.

(3) Area 13A: Drift nets shall not exceed 1,800 feet in length and set nets shall not exceed 600 feet in any waters of Upper Carr Inlet.

(1) No set net shall exceed 100 feet in length.

(2) No drift nets shall be allowed. [Res. 211094 (10/21/94); prior code § 12.01.1010]

12.04.450 Number of nets to be fished at one time.

Each Tribal fisher is limited to one set net in open Puyallup River areas, and to no more than the operation or use of one other gill net or drift net in the Puyallup River and all open marine waters at any time. [Res. 211094 (10/21/94); prior code § 12.01.1020]

12.04.460 Minimum mesh size.

Minimum mesh sizes shall be established by regulation for particular seasons or periods of time to allow passage of protected fish and to minimize catches of immature salmon. It shall be unlawful to use nets with a smaller mesh size than is set by regulation. [Res. 211094 (10/21/94); prior code § 12.01.1030]

12.04.470 Drift nets to be attended at all times.

A drift net shall be attended at all times. [Res. 211094 (10/21/94); prior code § 12.01.1040]

12.04.480 Use of set nets in the Puyallup River.

The use of set nets in the Puyallup River and its tributaries shall be controlled by the following rules and regulations in addition to PTC 12.04.440(a):

(a) No set net shall be set with its near shore end more than 20 feet distant from the shoreline at low water.

(b) No set net shall extend more than one-third of the distance across the wetted river channel.

(d) Any fisher using a set net shall register its location with the Tribal fisheries office.

(e) No set net location registration shall be approved which will interfere with normal drift net operations.

(f) No registered set net fisher shall fish any set net location other than his own registered set net location.

(g) In the assignments and registration of individual set net locations, preference shall be given to individual fishers who have fished at the site regularly in preceding years.

(h) Set net fishers may grant use of their registered set net location to other Tribal fishermen during periods of vacancy, or assigned use of vacant or abandoned locations may be authorized by the designated Tribal officials, in which case the registered fishermen for the site can be required to give up to 12 hours notice before reclaiming his registered site. [Res. 211094 (10/21/94); prior code § 12.01.1050]

12.04.490 Use of set nets in Chambers Bay.

(a) No set net shall be set with its shore end more than 20 feet distant from the shoreline at low water.

(b) No set net shall extend more than one-third of the distance across the wetted channel. [Res. 211094 (10/21/94); prior code § 12.01.1055]

12.04.500 Identification of nets and gear.

All unattended fishing gear shall be conspicuously marked in a manner and place where the owner of such gear may be identified without the necessity for removing the gear from the water. Such identification shall be on a float at either end of a net if it is not attached to an object on shore, or on the post or other object to which the net is attached to the shoreline. [Res. 211094 (10/21/94); prior code § 12.01.1060]

12.04.510 Beach seines.

Beach seines shall be no longer than 900 feet in length with a three- to four-inch maximum mesh size and 100 mesh deep unless otherwise provided in the annual or emergency regulations. [Res. 240707 § III (07/24/07); Res. 211094 (10/21/94); prior code § 12.01.1070]

Subchapter 12. Reporting Catches, Etc.

12.04.520 Reporting catches and other information.

The following information shall be reported to the Tribal fisheries office:

(a) Each fisher shall report daily to the designated Tribal officer or the Tribal Fisheries Office the number, the weight and species of all fish caught and the particular areas fished in taking the catch.

(b) Each fisher shall upon request provide information regarding the types of boats and gear being used for the taking of fish reported caught.

(c) Information supplied by Tribal fishers relating to individual catches and income shall be confidential and may be divulged publicly only if such information is included in Tribal reports formulated after conclusion of a fishing season for Tribal governmental or management purposes.

(d) Failure to report catches or other information required by Tribal regulations shall constitute a violation of this Code. [Res. 211094 (10/21/94); prior code § 12.01.1210]

Subchapter 13. Fish Buyers

12.04.530 Buyer’s license.

No person shall buy fish caught in the exercise of Puyallup Tribal Treaty fishing rights without first having obtained a Puyallup Tribe fish buyer’s license from the Puyallup Tribe. The Puyallup Tribal Fish Commission shall have the authority to issue the buyer’s license which shall be valid when signed by the Puyallup Tribal Fish Commission Chairman or Fisheries Director and the license applicant. The license shall be valid for one year commencing on the date of issuance and ending on the thirtieth day of June. [Res. 211094 (10/21/94); prior code § 12.01.1310]

12.04.540 License application.

An applicant buyer may apply for a buyer’s license either in person or by mail addressed to:

Puyallup Tribe of Indians

Fisheries Management Division

6824 Pioneer Way W.

Puyallup, WA 98424

Mail applicants shall be sent a fish buyer’s license application and instructed to return the application signed by the applicant buyer and with an enclosed check in the amount of $100.00 for the license fee. If approved by the Puyallup Tribal Fish Commission, then the Chairperson or the Fisheries Director shall sign the buyer’s license, return it to the applicant and deliver the license fee to the Tribal Comptroller or Accountant. If not approved, the license fee shall be returned to the applicant. [Amended during 2010 recodification; Res. 211094 (10/21/94); prior code § 12.01.1320]

12.04.550 Purchases by licensed fish buyers.

In order to retain a currently valid Puyallup fish buyer’s license, the buyer must do the following:

(a) Collect Tax. Collect the Tribal fish tax from every Tribal fisher selling fish to the buyer by deducting and withholding the amount of the tax from the price paid by the buyer for the purchase of commercial fish.

(b) Remit Tax. Remit the fish taxes collected from the Tribal fisher to the Puyallup Tribe no later than the fifth day of every month. The monies remitted by the buyer shall include all monies collected up to and through the last day of the previous month. Remittance of fish taxes shall be the sole responsibility of the buyer and shall not depend upon billing or accounting statements which may be furnished to buyer at the discretion of the Tribe.

(c) Interest on Unremitted Tax. Pay interest at the rate of one and one-half percent per month on the amount of fish taxes collected but not remitted pursuant to subsection (b) of this section.

(d) License Fee. Pay a license fee of $100.00.

(e) Biologist Sampling. All licensed buyers shall allow the Tribal Fisheries biologists to enter upon buyer’s premises at reasonable times and upon reasonable notice to sample, segregate and gather data for fisheries management purposes. Failure to comply with the provisions of this subsection shall be grounds for immediate revocation of buyer’s license.

(f) Encouragement of Nondiscrimination. All licensed buyers shall be encouraged not to discriminate or permit discrimination by any employee in the purchase of fish caught in the exercise of Puyallup Tribal Treaty fishing rights except on the basis of the condition of the fish. Every best effort shall be made to serve all fishers given that fish buyers operate under a fish quota system, and that fish buyers have a right to seek the highest quality fish purchase. [Res. 211094 (10/21/94); prior code § 12.01.1330]

12.04.560 Daily reporting.

In order to ensure effective self-regulation of Treaty fishing, it is essential that all commercial fish sales be accurately reported. Persons buying fish caught in the exercise of Puyallup Tribal Treaty fishing rights shall provide copies of all fish tickets that involve the purchase of fish by the buyer from Puyallup Tribal members to the Puyallup Tribal Fisheries Division on a daily basis.

(a) Fish Ticket Information. All fish tickets shall include at least the following information: date of sale, name of buyer, fisherperson’s Tribal I.D. number, number of fish, number of pounds, location of catch, price paid for said fish, and the fish tax collected and withheld by the buyer.

(b) Failure to Report. Buyer’s failure to provide the Tribe with a copy of any fish ticket referred to in subsection (a) of this section shall be a violation of this Code, and each day thereafter shall be a separate violation. Failure to provide a copy of each individual fish ticket referred to above shall also constitute a separate violation(s).

(c) Daily Pickup. At the election of the Tribal Fisheries Director, the Tribe may provide daily pickup of fish tickets from the fish buyer.

(d) Monetary Penalty. A monetary penalty of $100.00 shall be assessed for each violation of this section. [Res. 211094 (10/21/94); prior code § 12.01.1340]

12.04.570 Posted list of fish buyers.

On or before July 1st, the Fish Commission shall post a list of commercial fish buyers who possess a currently valid buyer’s license. To ensure adequate notice to fishers, the list shall be posted at the Tribal hatchery, and the Tribal Administration Building. After the list has been posted, any additions or deletions that are made to the list shall be announced on the Puyallup “Hotline.” [Res. 211094 (10/21/94); prior code § 12.01.1350]

12.04.580 Noncompliance by fish buyers.

If any fish buyer fails to comply with the provisions of this Subchapter 13, the following actions shall be taken:

(a) Verbal Notice. If the fisheries staff believes that any buyer is not in compliance with this Subchapter 13, they shall contact, or have Tribal Law Enforcement contact, the buyer, advise the buyer of the alleged noncompliance, and request that a satisfactory arrangement be made to bring the buyer into compliance including the payment of any monetary penalties that have been assessed, and/or to ensure compliance in the future.

(b) Citation and License Revocation. If such an arrangement cannot be made or is not followed, Tribal Law Enforcement shall issue a citation specifying the sections of this Code which the buyer has violated.

Notwithstanding any right of appeal by the buyer, once the Tribal Court has found the buyer in violation of this Code, the license of the fish buyer shall be revoked and the name of the fish buyer shall be removed from the posted list of approved fish buyers, until such time as reinstated by Court order and/or approval of the Fish Commission (upon reapplication and payment of back taxes and fines). [Res. 211094 (10/21/94); prior code § 12.01.1360]

12.04.590 Sales by Tribal fishers to unlicensed commercial buyers.

It shall be unlawful for a Tribal fisher to knowingly sell fish that is caught in the exercise of Puyallup Tribal Treaty fishing rights to a fish buyer removed from the posted list unless and until the name of the buyer is added back to the list. No Tribal fisher shall sell fish to a fish buyer that has been removed by announcement on the Puyallup “Hotline” for more than 24 hours. [Res. 211094 (10/21/94); prior code § 12.01.1370]

12.04.600 Sales by Tribal fishers to unlicensed noncommercial buyers.

It shall be lawful for Tribal fishers to sell to private consumers purchasing for noncommercial purposes. Sales to persons other than a licensed fish buyer shall be reported to Tribal fisheries within 24 hours by the fisher. [Res. 211094 (10/21/94); prior code § 12.01.1380]

Subchapter 14. Fish Taxes

12.04.610 Fish tax.

All Tribal fishers shall pay the Puyallup Tribe a tax equal to three percent of the proceeds of all sales of all fish caught pursuant to or in the exercise of Puyallup Treaty fishing rights. The tax is imposed to help defray a portion of the cost of the Tribe’s fisheries management and regulatory program. Therefore, one-half of the tax revenue raised shall be deposited to the budget of the Fisheries Management Division, and one-half of the revenue shall be deposited to the Tax and Licensing Account. [Res. 211094 (10/21/94); prior code § 12.01.1410]

12.04.620 Payment of fish tax.

The fish tax shall be withheld and paid by fish buyers at the time of sale and remitted by each fish buyer to the Tribe pursuant to PTC 12.04.550(b). [Res. 211094 (10/21/94); prior code § 12.01.1420]

Subchapter 15. Use of Treaty Card

12.04.630 Use of Treaty card.

The sale of all fish to a licensed buyer and the filling out of all fish receiving tickets (fish tickets) shall be completed using the Treaty fishing identification card. No fisher shall sell and no licensed buyer shall purchase any Treaty-caught fish without using the card to imprint the individual fisher’s identification number and the Tribe’s identification number on the fish receiving ticket. Such information shall not be written in by hand. [Res. 211094 (10/21/94); prior code § 12.01.1510]

Subchapter 16. General Violations

12.04.640 Notice of Code and regulations.

Every person who engages in any activity relating to the taking of fish within the jurisdiction of the Puyallup Tribe of Indians shall be deemed to have read and understood this Code and those regulations enacted by the Puyallup Tribal Council or the Fisheries Management Commission. [Res. 211094 (10/21/94); prior code § 12.01.1610]

12.04.650 Closed waters.

It shall be unlawful for any person to fish in any area unless it has been designated as open for fishing by ordinance or regulation enacted by the Tribal Council or Fisheries Management Commission. [Res. 211094 (10/21/94); prior code § 12.01.1620]

12.04.660 Unlawful taking or possession of fish.

It shall be unlawful for any person to pursue, kill, injure, capture, take or possess any fish within the exterior boundaries of the Puyallup Reservation or within the usual and accustomed fishing areas secured to the Puyallup Tribe except in accordance with the provisions of this Code. [Res. 211094 (10/21/94); prior code § 12.01.1630]

12.04.670 Use of another’s Tribal fisheries identification unlawful.

It shall be unlawful to use the permit or the Tribal fisheries identification card of another person for any purpose related to the taking or selling of fish. [Res. 211094 (10/21/94); prior code § 12.01.1640]

12.04.680 Wanton waste of fish.

It shall be unlawful for anyone who takes or possesses a fish commonly used for food to allow such fish to decay to such extent that it is no longer edible. [Res. 211094 (10/21/94); prior code § 12.01.1650]

12.04.690 Molesting fish.

It shall be unlawful to molest or disturb in any manner any fish while it is in or near its spawning ground. [Res. 211094 (10/21/94); prior code § 12.01.1660]

12.04.700 Prohibited agreements.

No Tribal fisher shall hire out to any non-Indian person, company or business as a fisher or as the operator of any non-Indian owned fishing gear or equipment in order to take fish under authority of this title for the primary economic gain of such non-Indian or be involved in any shared-catch or percentage-of-catch agreements with non-Indians in exchange for the use of any gear or equipment. [Res. 211094 (10/21/94); prior code § 12.01.1670]

12.04.710 Use of intoxicants prohibited.

No person shall exercise or assist in exercising Tribal fishing rights while in possession of or while under the influence of intoxicants or illegal drugs. [Res. 211094 (10/21/94); prior code § 12.01.1680]

12.04.720 Littering prohibited.

No person who engages in, or is on the way to or from, the exercise of Tribal fishing rights shall discard any object, debris, or waste upon any public or private property or waters. [Res. 211094 (10/21/94); prior code § 12.01.1690]

12.04.730 Explosives or chemicals prohibited.

The use of explosives, or harmful or toxic chemicals, in any form, utilized for the purpose of taking fish is prohibited for all fisheries. [Res. 211094 (10/21/94); prior code § 12.01.1700]

12.04.740 Obstructing an Officer.

No person shall willfully interfere with or obstruct a Fisheries Enforcement Officer engaged in enforcement of this title or the regulations promulgated hereunder. [Res. 211094 (10/21/94); prior code § 12.01.1710]

12.04.750 Identification upon request.

Any person fishing shall produce for examination his or her identification card or permit required by this Code upon demand of a Tribal Fisheries Enforcement Officer or employee of the Tribal Fisheries Division. [Res. 211094 (10/21/94); prior code § 12.01.1720]

12.04.760 Reckless boating.

No person shall operate a fishing vessel in a reckless manner. For the purpose of this section, “reckless” means a gross deviation from the standard of care that a reasonable person would observe in the situation. Further, reckless boating includes speeding or other maneuvering inappropriate for conditions causing the wake of the fisher’s vessel to endanger or significantly disrupt the vessel of any nearby fishing vessel. [Res. 211094 (10/21/94); prior code § 12.01.1730]

12.04.770 Sale of fish caught during closed season.

No person shall sell fish caught in a closed area. [Res. 211094 (10/21/94); prior code § 12.01.1740]

12.04.780 Conformity to U.S. Coast Guard regulations.

All boats and gear engaging in the marine fishery shall conform to applicable U.S. Coast Guard regulations. [Res. 211094 (10/21/94); prior code § 12.01.1750]

12.04.790 Marker buoys, rope or net anchors left in fishing areas.

No person shall leave any marker buoys, rope, or net anchors in any fishing area after the area has been closed to fishing. [Res. 211094 (10/21/94); prior code § 12.01.1760]

12.04.800 Fishing activity unduly detaining another fisher.

No person shall engage in any fishing activity that unduly detains another fisher from being able to commence fishing. [Res. 211094 (10/21/94); prior code § 12.01.1770]

12.04.805 Aiding and abetting.

It shall be unlawful for any person to knowingly aid or abet another person to commit an act or engage in conduct that is unlawful under this Fisheries Management Code. [Res. 230306 § IV (03/23/06); prior code § 12.01.1780]

Subchapter 17. Enforcement

12.04.810 General provisions.

This Code shall be enforced by authorized agents of the Puyallup Tribe Fisheries Management Commission in conjunction with the Puyallup Tribe Law and Enforcement Division. [Res. 211094 (10/21/94); prior code § 12.01.1810]

12.04.820 Notice of violation.

Any person in violation of a provision of this Code shall be issued a citation notifying him or her that he or she is summoned to appear before the Puyallup Tribal Court to respond to the violation alleged in the citation. [Res. 211094 (10/21/94); prior code § 12.01.1820]

12.04.830 Service of citation.

In the event a Law Enforcement Officer attempts to issue a citation at the time of the violation and the person refuses to sign or accept it, the citation shall be deemed properly served upon proof of mailing a copy of the citation to the person’s last known address. [Res. 211094 (10/21/94); prior code § 12.01.1830]

12.04.840 Civil complaint.

As an alternative to PTC 12.04.820, a person may be charged by a civil complaint, which shall cite the provision(s) of this Code or regulation(s) alleged to have been violated. The complaint shall be filed in the Tribal Court and served in the same manner as other complaints. [Res. 230306 § V (03/23/06); Res. 211094 (10/21/94); prior code § 12.01.1840]

12.04.850 Seizure of fish, gear or equipment.

Upon the issuance or attempted issuance of a citation, the Law Enforcement Officer may seize all fish taken, killed, transported or possessed by the alleged violator. In addition, gear and equipment may be seized by the Officer, and may obtain use of another fisher’s boat or equipment, if necessary to complete a seizure; provided the Officer has reasonable grounds to believe that such gear or equipment to be seized has been used in the commission of a violation of this Code. An Officer, upon the seizure of any fish, gear or equipment, shall prepare a written inventory of all items taken and provide a copy of it to the alleged violator as soon as practicable. [Res. 211094 (10/21/94); prior code § 12.01.1850]

12.04.860 Permissible searches.

In carrying out his or her duties under this Code, a Law Enforcement Officer may search, without warrant, any gear, vehicle, vessel, tent, camper or other place or premises when he or she has reasonable grounds to believe such search will provide evidence of violations of this Code. [Res. 211094 (10/21/94); prior code § 12.01.1860]

12.04.870 Storage of seized gear or equipment.

All seized items other than fish shall be brought to a place designated by the Tribal Law Enforcement Division for storage. [Res. 211094 (10/21/94); prior code § 12.01.1870]

12.04.880 Seized fish.

All fish seized shall be sold at the prevailing market price and the proceeds deposited in trust in the Fisheries Enhancement Account until the case is resolved; or shall be given to the Fisheries Management Division for distribution to the Tribal Elders Program or to the Tribal members. [Res. 211094 (10/21/94); prior code § 12.01.1880]

12.04.890 Return of fish proceeds, gear or equipment.

Proceeds from the sale of fish and any seized gear or equipment shall be returned to the alleged violator upon acquittal or dismissal of related charge(s). [Res. 211094 (10/21/94); prior code § 12.01.1890]

12.04.900 Forfeiture of proceeds, gear or equipment.

Upon conviction, the Court may order the seized proceeds, gear or equipment to be forfeited to the Tribe. [Res. 211094 (10/21/94); prior code § 12.01.1900]

12.04.910 Unclaimed fish proceeds, gear or equipment.

When the owner of the proceeds from seized fish, gear or equipment is unknown, the items may be ordered forfeited 15 days after the seizure should no owner come forward to claim them. [Res. 211094 (10/21/94); prior code § 12.01.1910]

Subchapter 18. Penalties

12.04.920 General provisions.

Any person found in violation of this Code or a regulation promulgated under its provisions shall be subject to withdrawal of fishing privileges and the imposition of a civil penalty not to exceed $5,000. [Res. 211094 (10/21/94); prior code § 12.01.2010]

12.04.930 Fines for violations other than fishing in a closed area.

Penalties shall be imposed on a person found guilty of a violation, other than fishing in closed waters, as follows:

(a) The first violation shall be punished by a fine of not more than $500.00.

(b) The second violation during the same fishing year shall be punished by a fine of not more than $2,500 for each violation.

(c) A third violation during the same year may be punished by a fine of not more than $5,000 for each violation. [Res. 211094 (10/21/94); prior code § 12.01.2020]

12.04.940 Withdrawal of fishing privileges.

Upon a specific finding by the Court that the acts of the violator have either placed the person or property of another in jeopardy by the action of the violator or that he caused injury to the fisheries resource, the Court, in addition to the fines provided in PTC 12.04.930, shall also impose the withdrawal of all fishing privileges as follows:

(a) For a first violation during a fishing year, the fishing privileges shall be withdrawn for a period of not less than two fishing days and not more than seven fishing days.

(b) For a second violation during a fishing year, the fishing privileges shall be withdrawn for a period of not less than seven fishing days and not more than 30 fishing days.

(c) For a third violation during a fishing year, the fishing privileges shall be withdrawn for the remainder of the season or all remaining seasons of the year, including the first season of the following year if less than a full season remains. [Res. 211094 (10/21/94); prior code § 12.01.2030]

12.04.950 Fines for fishing in closed areas.

Any Tribal member or fisher who is convicted of fishing in an area closed to fishing shall be subject to withdrawal of fishing privileges and the imposition of civil penalties as follows:

(a) For a first violation during a fishing year, all fishing privileges of the violator shall be withdrawn for a period of not less than 10 fishing days nor more than one complete fishing season and a fine of $500.00 shall be imposed.

(b) For a second violation during a fishing year, all fishing privileges of the violator shall be withdrawn for one full fishing season and a fine of $2,500 shall be imposed.

(c) For a third violation during a fishing year or for a flagrant violation of this Code, all fishing privileges of the violator shall be withdrawn for a three-year period and a fine of $5,000 shall be imposed. A “flagrant violation” is one which results in severe personal injury, property damage or damage to the fisheries resource. (An example would be a conviction for fishing within 400 feet of a weir, fish ladder or hatchery.)

In addition, all gear, equipment and fish proceeds seized by Law Enforcement Officers as evidence of the violations shall be forfeited to the Tribe. [Res. 211094 (10/21/94); prior code § 12.01.2040]

12.04.960 Sentencing.

(a) The Court, in its discretion, may suspend all or part of any fines imposed under this Code, upon the performance of community service imposed upon the violator.

(b) Any withdrawal of fishing privileges imposed under this Code may be suspended upon the completion of conditions the Court imposes if the Court is convinced, by evidence presented, that there are mitigating circumstances which may make the withdrawal of fishing privileges unjust. If the Court is so convinced, the Court may impose a lesser number of fishing days lost, or may waive the withdrawal of fishing privileges altogether. [Res. 211094 (10/21/94); prior code § 12.01.2050]

12.04.970 Violation of an order – Criminal penalty.

Any person who violates a Tribal Court order issued pursuant to this Code is subject to the penalties prescribed under the criminal contempt provision of the Puyallup Tribal Criminal Code (PTC 5.12.1330). [Res. 211094 (10/21/94); prior code § 12.01.2060]

12.04.980 Head of household to be strictly liable for juvenile actions.

Every head of a household shall be strictly liable for the fishing activities of the members of that household under the age of 16. The head of household shall be cited as a co-defendant and subject to the same penalties for any violation of this title committed by any member of that household under the age of 16. [Res. 211094 (10/21/94); prior code § 12.01.2070]

Subchapter 19. Miscellaneous Provisions

12.04.990 Reserved rights.

The provisions of this Code shall not be construed as a limitation upon any Tribal rights possessed by the Puyallup Tribe but not referred to herein, nor as a description of the full extent of reserved rights, territory or resources secured to Puyallup Indians as retained by the Medicine Creek Treaty. [Res. 211094 (10/21/94); prior code § 12.01.3010]

12.04.1000 Severability.

If any provision of this Code or the application of it to any person or circumstances is held invalid, it shall be given effect without the invalid provision or application and, to this end, the provisions, sections, and subsections herein are declared to be severable. [Res. 211094 (10/21/94); prior code § 12.01.3020]

12.04.1010 Repeal of prior enactments.

All provisions of any Tribal ordinance, resolution or regulation previously enacted by the Puyallup Tribal Council which are inconsistent with this Code or contradictory with its provisions are hereby repealed. [Res. 211094 (10/21/94); prior code § 12.01.3030]

Chapter 12.04FISHERIES MANAGEMENT CODE

12.04.010 Title and purpose.