Chapter 12.08 HUNTING ORDINANCE

This Code is enacted for the protection, enhancement and conservation of the Tribal wildlife resource. Nothing in this Code shall be construed as a relinquishment, abrogation, or abridgement of any Puyallup treaty rights. [Prior code § 12.02.120]

12.08.030 Definitions.

The words below shall have the meanings set forth, when those words appear in this Code.

(a) “Adult” means any person who is 18 years or older.

(b) “Big game” means elk or wapiti, deer, mountain goat, cougar or mountain lion, seal, sea lion and black bear.

(d) “Closed season” means all times during the entire year except those times an open season is designated by regulation.

(e) “Department” or “Hunting Department” means the Puyallup Tribe Department of Hunting and Wildlife.

(f) “Director” means the Director of the Department of Hunting and Wildlife.

(g) “Game birds” means all wild birds that shall not be hunted except as authorized by regulation, and shall include: blue, ruffed, and spruce grouse; ring-necked pheasant; turkey; chukar; gray partridge; California and bobwhite quail; rock and mourning dove; American crow; Canadian, snow and white-fronted goose; American wigeon; bufflehead; canvasback; northern pintail; northern shoveler; common goldeneye; mallard; gadwall; wood duck; scaup; redhead; and green- and blue-winged teal.

(h) “Harvest limit” means the maximum number of animals which may be taken, caught, killed, or possessed by any person, specified by code or regulation, for any particular period of time, and may not include limits on size, sex, or species.

(i) “Harvest tag” means a card, label, or other identification device issued for attachment to the carcass of any game animal.

(j) “Hunt” (and its derivatives “hunting,” “hunted,” etc.) and “trap” (and its derivatives “trapping,” etc.) mean any effort to kill, injure, capture or disturb a wild animal or wild bird.

(k) “Open season” means those times, manners of taking and areas established by regulations for lawful hunting. “Open season” includes the first and last days of the established time, unless otherwise specified.

(l) “Permit” means any writing that authorizes and sets limits and/or conditions on a particular hunting and hunting activity.

(m) “Public roads” means those roads maintained by a county of the state of Washington.

(n) “Regulation” means any rule or regulation promulgated by the Puyallup Tribe Hunting Commission or the Tribal Council.

(o) “Revocation of hunting privileges” means the recall of all rights and privileges granted by a Puyallup Tribal permit or harvest tag and the loss of eligibility to apply for a Puyallup Tribal permit or harvest tag, for the duration specified by this Code.

(p) “Puyallup Tribal member” or “member” means an enrolled member of the Puyallup Tribe.

(q) “Small game animals” means wild animals other than big game animals that shall not be hunted except as authorized by regulation, and shall include: bobcat; fox; coyote; raccoon; snowshoe hare; cottontail rabbit; black-and-white-tailed jackrabbit; eastern gray squirrel; and bullfrog.

(r) “Tribal Council” means the Puyallup Tribal Council.

(s) “Tribe” means the Puyallup Indian Tribe.

(t) “Wildlife” means all species of the animal kingdom whose members exist within the jurisdiction of the Puyallup Tribe, except fish, shellfish and domesticated animals.

(u) “Wildlife agent” means any person authorized by the Puyallup Tribe to enforce this Code or Puyallup hunting regulations. [Res. 060212A Appx. A (02/06/12); prior code § 12.02.130]

Subchapter 2. Jurisdiction

12.08.040 Territory.

The provisions of this Code apply to all open and unclaimed lands as provided by Article III of the Treaty of Medicine Creek. [Prior code § 12.02.210]

12.08.050 Persons.

The provisions of this Code apply to all persons purporting to exercise hunting rights secured to the Puyallup Tribe by the Medicine Creek Treaty. [Prior code § 12.02.220]

Subchapter 3. Hunting Commission

12.08.060 Hunting Commission.

The Hunting Commission shall be made up of at least five Tribal members who are familiar with hunting techniques and the wildlife resources within the Tribe’s jurisdiction. The Council may appoint additional persons from the Tribal community to serve on the Hunting Commission. [Prior code § 12.02.310]

12.08.070 Appointment of Hunting Commission.

The Hunting Commission shall be appointed by the Puyallup Tribal Council. [Prior code § 12.02.320]

12.08.080 Term.

An appointment to the Hunting Commission shall be for a three-year term. [Prior code § 12.02.330]

12.08.090 Election of officers.

The Hunting Commission shall elect officers which shall consist of a chair, vice-chair and secretary. [Prior code § 12.02.340]

12.08.100 Quorum requirements.

A quorum of the Hunting Commission shall be three members, which shall include at least one officer. No official business may be conducted unless there is a quorum. [Prior code § 12.02.350]

Subchapter 4. Regulations

12.08.110 Annual regulations.

(a) Prior to each hunting season, the Hunting Commission shall formulate and recommend to the Tribal Council any annual and seasonable regulations which are necessary to carry out the purposes of this Code. The regulations may establish open season, areas closed or open to hunting or trapping, harvest limits, limitation on methods of taking game, and other measures for the protection and wise harvest of game resources.

(b) Before proposing regulations as provided in this section, the Hunting Commission shall make an effort to get available information on the abundance and territories of various animal species within areas of the Puyallup Tribe’s jurisdiction. [Res. 060212A Appx. A (02/06/12); prior code § 12.02.410]

12.08.120 Emergency regulations.

(a) The Tribal Council may, upon the recommendation of the Hunting Commission, make emergency changes in the annual regulations when deemed necessary to ensure proper management of the wildlife resource, including opening or closing a specific area for harvest of certain species.

(b) The Hunting 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, expired or disapproved by the Tribal Council.

(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 hunter.

(d) The Tribal Council may authorize by emergency regulation a limited hunt required for the Departmental Hunting Program under PTC 12.08.261 after consultation with the Director regarding abundance and conservation requirements. [Res. 060212A Appx. A (02/06/12); prior code § 12.02.420]

Subchapter 5. General Closure

12.08.130 General closure.

All areas within the Tribe’s jurisdiction are closed to hunting by persons eligible to exercise rights under this Code unless those areas have been specifically opened by annual or emergency regulations adopted pursuant to this Code. [Prior code § 12.02.510]

Subchapter 6. Eligibility to Hunt

12.08.140 Persons eligible to hunt.

The following persons are eligible to exercise hunting rights under the authority of this Code.

(a) Enrolled members of the Puyallup Tribe 18 years and older; or

(b) Enrolled members of the Puyallup Tribe 12 through 17 years who have successfully completed a recognized course in firearms and hunter safety as long as they are accompanied on the hunt by a parent or guardian, or other adult Tribal member authorized in writing by their parent or guardian and the Puyallup Hunting Commission; or

(c) An authorized hunting assistant of an enrolled member of the Puyallup Tribe who meets all of the requirements to be a hunting assistant listed in PTC 12.08.150 and signs a nonmember consent form described in PTC 12.08.160. [Prior code § 12.02.610]

Subchapter 7. Hunting Assistant

12.08.150 Hunting assistant.

(a) To assist a Puyallup member with the member’s treaty-protected hunting 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 18 years of age or older, is a member of a federally recognized Indian tribe, presents written proof of that membership and is:

(1) The spouse of an enrolled member of the Puyallup Tribe, and is 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 legally married; or

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

(3) A child or grandchild of the Puyallup member; or

(4) A sibling of the Puyallup member.

(b) Any nonmember spouse wishing to hunt under this Code must appear in person before the Hunting Commission to verify eligibility under subsection (a) of this section. If the spouse meets the requirements of subsection (a) of this section, the Hunting Commission shall authorize the spouse to receive tags in his or her own name. [Prior code § 12.02.710]

12.08.160 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 hunting 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, hunting or otherwise, or of violation of a hunting law or regulation from any other jurisdiction, he or she agrees that his or her assistant card and hunting privileges shall be deemed automatically suspended pending the hearing described in PTC 12.08.200, 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, hunting or otherwise, his or her assistant card and hunting privileges will be revoked by the Court for the remainder of the hunting 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 hunting 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 hunting 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 hunting activities only if an enrolled member of the Puyallup Tribe is present; provided, that the Puyallup member is 18 years or older and his or her hunting privileges have not been suspended or revoked. In other words, a nonmember shall not engage in hunting activities under authority of the assistant card in the absence of a Puyallup Tribal member who is authorized to hunt under this Code;

(h) That the animals harvested from hunting activities in which he or she assisted will be used for the support of his or her family, and that if they are not used for that purpose, he or she agrees that the Tribe can unilaterally revoke the assistant card and hunting 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 hunting 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 hunting 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 hunting privileges. [Prior code § 12.02.720]

12.08.170 Jurisdiction over nonmembers.

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. [Prior code § 12.02.730]

12.08.180 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 12.08.150, 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 hunting privileges shall be deemed automatically revoked. [Prior code § 12.02.740]

12.08.190 Interim suspension of assistant card.

In each of the following circumstances, the assistant card and hunting privileges of a nonmember shall be deemed automatically suspended pending a hearing as prescribed in this Code:

(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 hunting law or regulation. [Prior code § 12.02.750]

12.08.200 Civil proceeding for nonmembers.

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 hunting law or regulation. [Prior code § 12.02.760]

Subchapter 8. Designated Hunters – Departmental Hunting Program

12.08.210 Hunting for another.

The Hunting Commission may issue harvest tags to allow a “designated hunter” to hunt for another member of the Puyallup Tribe. Requests for harvest tags under this section must be submitted in writing to the Hunting Commission. Requests must state why the person or family making the request is unable to hunt. All the provisions of this Code and Puyallup hunting regulations shall apply under this section. [Res. 060212A Appx. A (02/06/12); prior code § 12.02.810]

12.08.220 Eligibility of designated hunters.

Any member of the Puyallup Tribe possessing a valid Puyallup Tribal fisheries identification card or a Puyallup Tribal identification card may submit his or her name to the Hunting Commission to be considered for placement on a list of “designated hunters.” The Hunting Commission shall screen applicants to determine whether they meet eligibility requirements. Eligibility requirements for “designated hunters” are:

(a) Demonstrated hunting ability;

(b) Be an enrolled member of the Puyallup Tribe;

(d) Have no Tribal hunting conviction in the previous two years;

(e) Have no prohibition from carrying a firearm under Tribal, state, or federal law. [Res. 060212A Appx. A (02/06/12); prior code § 12.02.820]

12.08.230 Appointment by Tribal Council.

Any person who meets the eligibility requirements may be recommended by the Hunting Commission to the Tribal Council for appointment as a “designated hunter.” The Tribal Council shall notify the Hunting Commission of designated hunter appointments. When the Hunting Commission grants a request under this section, it shall notify a designated hunter and issue the appropriate permit. The designated hunter shall comply with the terms of the permit and all other applicable laws and regulations. [Res. 060212A Appx. A (02/06/12); prior code § 12.02.830]

12.08.240 Disabled hunter.

A disabled “eligible hunter” (as defined in PTC 12.08.140) may apply for a disabled hunter permit. To be eligible for a disabled hunter permit, an eligible hunter must:

(a) Suffer from physical disability or impairment and would face a significant health risk by participating in normal hunting activities; or

(b) Find it unduly burdensome to participate in normal hunting activities; or

(c) Otherwise be unable to participate in normal hunting activities. [Res. 060212A Appx. A (02/06/12); Res. 240609 (06/24/09); prior code § 12.02.840]

12.08.250 Disabled hunter permits.

Disabled hunter permits are issued by the Hunting Commission. Requirements:

(a) Applicant must submit a medical certification of disability, certified by a licensed physician; and

(b) Applicant must use the forms supplied by the Hunting Commission; and

(c) Applicant must follow all of the requirements listed in PTC 12.08.270(b), (c) and (d). [Res. 060212A Appx. A (02/06/12); Res. 240609 (06/24/09); prior code § 12.02.850]

12.08.260 Hunting from a stationary vehicle.

A disabled eligible hunter who obtains a disabled hunter permit may hunt from a stationary vehicle subject to the following conditions:

(a) The roadway cannot be a street or a state or federal highway; and

(b) Cannot fill the permit or tag of another; and

(d) The disabled eligible hunter must display a sign provided by the Hunting Commission that says “disabled”; and

(e) The disabled eligible hunter must shoot away from and not across or parallel to the roadway; and

(f) The transportation or possession of a loaded or uncased weapon in a moving motor vehicle is prohibited at all times, but a disabled eligible hunter can discharge a firearm or other legal hunting device from a nonmoving motor vehicle that has the engine turned off; and

(g) No hunting shall be permitted from a motor vehicle that is parked on or beside the maintained portion of a public road; and

(h) A disabled eligible hunter may be accompanied by an eligible Puyallup Tribal hunter (see PTC 12.08.140) who may assist the person with a disabled hunter permit by killing game wounded by the disabled hunter, and by tagging and retrieving game killed by the disabled hunter. An eligible Puyallup Tribal hunter shall not possess a loaded gun in, or shoot from, a motor vehicle. [Res. 060212A Appx. A (02/06/12); Res. 240609 (06/24/09); prior code § 12.02.860]

12.08.261 Departmental Hunting Program.

The Tribal Council may by resolution adopt a program for Department of Hunting and Wildlife personnel to hunt for the subsistence and ceremonial needs of Tribal members and for Tribal ceremonial and subsistence purposes. Any beneficiary categorization or prioritization shall be specified in program components approved by Tribal Council resolution. Hunting Department personnel shall be subject to all requirements, limitations and prohibitions of this chapter, and all annual and emergency regulations adopted pursuant to Subchapter 4 of this chapter, while engaged in departmental hunting pursuant to this section, but they shall be subject to departmental hunter harvest limits approved by the Tribal Council in annual or emergency regulations instead of harvest limits applicable to individual hunters. Hunting Department personnel shall not hunt for themselves, or as hunting assistants under Subchapter 7 of this chapter, or as designated hunters under this subchapter, during working hours in the course of their employment. [Res. 060212A Appx. A (02/06/12)]

Subchapter 9. Tribal Identification, Permits and Tags

12.08.270 Identification, regulations, permit and tag requirements.

(a) No person, except as expressly exempted by this Code, may engage in the exercise of Puyallup Treaty-secured hunting activity unless the person is in possession of a Puyallup Tribal fisheries identification card or Puyallup Tribal identification card at all times while engaged in Treaty hunting activities, including the transportation of game animals or parts thereof after the hunt.

(b) No person, except as expressly exempted by this Code, may engage in the exercise of Puyallup Treaty-secured hunting activity unless the person is in possession of harvest tags for the species being hunted at all times while engaged in Treaty hunting activities, including the transportation of game animals or parts thereof after the hunt.

(c) All persons shall be in possession of the current annual Puyallup Tribal hunting regulations (Chapter 12.08R PTC) while engaged in hunting.

(d) In addition to the requirements of subsections (a) through (c) of this section, persons who are age 12 through 17 years of age must also carry on their person a certification of completion from a firearm and hunter safety course. [Prior code § 12.02.910]

12.08.280 Issuance of harvest tags.

Tribal harvest tags shall be issued by the Puyallup Law Enforcement only between the hours of 8:00 a.m. and 4:00 p.m., Monday through Friday. [Prior code § 12.02.920]

12.08.290 Fines and judgments to be paid.

No person shall be issued Tribal harvest tags unless and until he or she has paid all fines incurred during prior seasons or has otherwise satisfied a Tribal Court judgment resulting from a hunting violation. [Prior code § 12.02.930]

12.08.300 Display of identification card, regulations, harvest tags, and permits.

All persons shall produce and display their Puyallup Tribal fisheries identification card, Puyallup Tribal annual hunting regulations, Tribal harvest tags and/or permits upon the demand of a duly authorized Law Enforcement Officer. [Prior code § 12.02.940]

12.08.310 Hunting harvest tags.

All big game (i.e., deer, elk, bear, mountain goat, cougar, mountain lion, seal, or sea lion) must have a completely filled-in and dated harvest tag securely attached to the animal immediately after the kill and the animal must remain tagged until processing is completed. Untagged big game is subject to confiscation. [Prior code § 12.02.950]

12.08.320 Identification cards, harvest tags and permits nontransferable.

Any permits, tags and identification cards issued under this Code shall be nontransferable. [Prior code § 12.02.960]

12.08.330 Altered identification cards, harvest tags or permits to be seized.

An identification card, tag or permit which has been altered in any manner after issuance shall be subject to immediate seizure by any Law Enforcement Officer. [Prior code § 12.02.970]

12.08.340 Return of harvest tags.

(a) All harvest tags must be completely filled in and returned, whether a kill occurred or not, within 30 days after the end of the respective season.

(b) No new harvest tags will be issued to a hunter unless all harvest tags issued to such from previous seasons have been properly returned and noncompliance penalties have been paid. [Res. 200815B (08/20/15); prior code § 12.02.980]

Subchapter 10. Hunting on Privately Owned Lands

12.08.350 Hunting on privately owned lands.*

Any person intending to or actually engaged in a hunting activity on privately owned lands must first obtain the following:

(a) Written permission from the land owner or person controlling the land prior to entering privately owned land for the purpose of hunting.

(b) The written consent by the owner or person controlling the land must contain:

(1) The specific date on which the hunting activity is to occur;

(2) A specific description of the area in which the hunt is being authorized;

(3) The name, address, phone number and signature of the land owner;

(4) The name, address and phone number of the Tribal hunter(s) being authorized to conduct the hunt; and

(5) The date the written consent was signed.

(c) The Tribal hunter must personally make contact with the owner or other person controlling the private property and obtain the express and written permission before engaging in the hunting activity.

(d) The authorized Tribal hunter must carry with him or her this written consent during the specified hunt. [Res. 110112 (01/11/12); prior code § 12.02.1010]

* This section is temporarily suspended until further notice.

Subchapter 10A. Hunting on DNR Lands

12.08.355 DNR-gated lands access.*

Registered Tribal members who have checked out DNR gate keys are responsible for lost or damaged keys or other damages with a minimum fine of $100.00 and may be subject to prosecution by the Puyallup Tribe. [Res. 080915B (09/08/15)]

* Code reviser’s note: Res. 080915B adds this section as PTC 12.08.350. The section has been editorially renumbered to avoid duplication of numbering.

Subchapter 11. Ceremonial Hunts

12.08.360 Hunting for ceremonial use.

(a) The Hunting Commission may, upon written request, issue a permit and harvest tags to allow wildlife to be harvested for funerals, Tribal ceremonies, and in cases of extreme personal hardship. The permit shall not exceed four days and shall specify the type, sex, and number of animals to be hunted; the purpose of the hunt; and any other conditions the Commission attaches.

(b) A harvest tag under this section may be issued for use during a closed season.

(c) A ceremonial hunt permit may be issued to a group of two to four Tribal members and shall specify the names of each Tribal hunter and the number of animals authorized to be taken. The number of animals authorized to be taken shall not exceed one animal per Tribal member in the hunting group.

(d) The Hunting Commission shall designate one hunter from a hunting group to be the “lead hunter” to receive the permit.

(e) The lead hunter must notify the Puyallup Law Enforcement not less than 24 hours prior to the start of a ceremonial hunt of the approximate date, time and location in which the ceremonial hunt is to take place.

(f) The lead hunter must fill out and return to the Puyallup Tribal Law Enforcement a harvest report card and all harvest tags issued, used or not, within five days following the hunt.

(g) Only Puyallup Tribal members, 18 years of age or older, shall be authorized to participate in a ceremonial hunt. [Prior code § 12.02.1110]

Subchapter 12. Offenses and Sentencing

12.08.370 Hunting – Permits and harvest tags.

Any person who fails to obtain and possess a permit and/or harvest tags required by regulation is guilty of an offense, and upon conviction shall be sentenced to:

(a) A mandatory, minimum fine of $100.00; or

(b) A maximum fine of $500.00; and

12.08.380 Hunting during closed season.

Any person who hunts during a closed season as established by this Code or by regulation is guilty of an offense, and upon conviction shall be sentenced to:

(a) A mandatory fine of $250.00; or

(b) A maximum fine of $500.00; and

(d) Both subsections (a) and (c) of this section. [Prior code § 12.02.1202]

12.08.390 Animals wrongfully taken.

Any person who kills, injures, takes, captures, or possesses wildlife in any manner or by any means contrary to this Code or regulation is guilty of an offense, and upon conviction shall be sentenced to:

(a) A mandatory fine for each animal as follows:

Eagle	$500.00
Elk	$500.00
Mountain Goat	$500.00
Deer	$250.00
Bear	$250.00
Cougar/Mtn. Lion	$250.00
Seal	$250.00
Sea Lion	$250.00
Game Animals	$50.00 minimum to $250.00 maximum
Game Birds	$50.00 minimum to $250.00 maximum

(b) Jail for a period not to exceed 30 days; or

12.08.400 Hunting in closed areas.

Any person who hunts within the boundaries of a closed area designated by this Code or regulation is guilty of an offense, and upon conviction shall be sentenced to:

(a) A mandatory, minimum fine of $250.00; or

(b) A maximum fine of $500.00; and

12.08.410 Exceeding the harvest limits.

Any person who exceeds the harvest limit set by regulation is guilty of an offense, and upon conviction shall be sentenced to:

(a) A mandatory fine of $250.00; and/or

(b) Jail not to exceed 30 days. [Prior code § 12.02.1205]

12.08.420 Reporting harvested game.

Any person who fails to report the species, sex and location and other required information on the harvest tag of all game, to the Puyallup Law Enforcement, killed by that person, is guilty of an offense, and upon conviction shall be sentenced to:

(a) A mandatory fine of $50.00; or

(b) A maximum fine of $250.00. [Prior code § 12.02.1206]

12.08.430 Trap inspection.

Any person who fails to inspect any trap or trapline he or she has set and such results in spoilage of game is guilty of an offense, and upon conviction shall be sentenced to:

(a) A mandatory, minimum fine of $100.00; or

(b) A maximum fine of $250.00. [Prior code § 12.02.1207]

12.08.440 Interference with traps.

Any person who takes wildlife from another person’s trap without permission, or springs, damages, possesses or removes another person’s trap, is guilty of an offense, and upon conviction shall be sentenced to:

(a) A minimum, mandatory fine of $100.00; or

(b) A maximum fine of $250.00. [Prior code § 12.02.1208]

12.08.450 Wasting big game.

Any person who kills big game and causes it to go to waste is guilty of an offense, and upon conviction shall be sentenced to:

(a) A mandatory fine of $500.00; or

(b) A maximum fine of $1,000; and

12.08.460 Wasting game birds or game animals.

Any person who kills game birds or game animals and causes them to go to waste is guilty of an offense, and upon conviction shall be sentenced to:

(a) A minimum, mandatory fine of $50.00; or

(b) A maximum fine of $500.00. [Prior code § 12.02.1210]

12.08.470 Selling wildlife.

Any person who sells meat from wildlife is guilty of an offense, and upon conviction shall be sentenced to:

(a) A mandatory fine of $500.00; or

(b) Jail time for a period not to exceed six months; or

(d) Revocation of hunting privileges for one year. [Prior code § 12.02.1211]

12.08.480 Failure to tag big game.

Any person who moves, transports or otherwise is in possession of big game, without first firmly attaching a harvest tag to the animal, is guilty of an offense and upon conviction shall be sentenced to:

(a) A mandatory fine of $100.00; or

(b) A maximum fine of $500.00. [Prior code § 12.02.1212]

12.08.490 Transporting loaded firearms.

Any person except authorized Law Enforcement Officers who carries, transports, conveys or possesses a shotgun or rifle containing shells or cartridges in the magazine or chamber, or a muzzle-loading firearm loaded and capped or primed, in or on a motor vehicle is guilty of an offense and upon conviction shall be sentenced to:

(a) A minimum, mandatory fine of $100.00; or

(b) A maximum fine of $250.00. [Res. 050815 (08/05/15); prior code § 12.02.1213]

12.08.500 Shooting firearms across roads.

Any person, except authorized Law Enforcement Officers, who discharges a firearm from, across or along the maintained portion of a public or private road is guilty of an offense, and upon conviction shall be sentenced to:

(a) A minimum, mandatory fine of $100.00; or

(b) A maximum fine of $250.00. [Prior code § 12.02.1214]

12.08.510 Hunting from a vehicle.

Any person who hunts from within or upon a motor vehicle or pursues game off a road with a motor vehicle is guilty of an offense and upon conviction shall be sentenced to:

(a) A mandatory fine of $100.00; or

(b) A maximum fine of $250.00. [Prior code § 12.02.1215]

12.08.520 Hunting with artificial light.

Any person who hunts with an artificial light is guilty of an offense and upon conviction shall be sentenced to:

(a) A minimum, mandatory fine of $100.00; or

(b) A maximum fine of $250.00. [Prior code § 12.02.1216]

12.08.530 Use of dogs.

Any person accompanied by a dog while deer or elk hunting is guilty of an offense, and upon conviction shall be sentenced to:

(a) A minimum, mandatory fine of $50.00; or

(b) A maximum fine of $150.00. [Prior code § 12.02.1217]

12.08.540 Hunting while under the influence or in possession of alcohol or drugs.

Any person who hunts while under the influence or in possession of alcohol or illegal drugs is guilty of an offense, and upon conviction shall be sentenced to:

(a) A minimum, mandatory fine of $500.00; or

(b) A maximum fine of $1,000; and

12.08.550 Hunting by children under 18.

Any person under the age of 18 years old who hunts unaccompanied by a parent or guardian or other adult Tribal member authorized in writing by a parent or guardian and the Hunting Commission is guilty of an offense, and upon conviction shall be sentenced to:

(a) A minimum, mandatory fine of $100.00; or

(b) A maximum fine of $500.00.

The Court, in its discretion, may allow the defendant to perform community service for the benefit of the Tribe in lieu of all or part of the fine at a rate not to exceed the federal minimum wage. [Prior code § 12.02.1219]

12.08.560 Hunting eagles.

Any person who kills, takes, injures or captures any eagle or eagle part, nest, or egg in violation of any federal statute passed for the protection of eagles is guilty of an offense, and upon conviction shall be sentenced to:

(a) A mandatory fine of $500.00; or

(b) A maximum fine of $1,000; and

12.08.570 Laying out bait.

Any person who lays out or sets out any bait to lure wildlife for hunting, including but not limited to salt licks, is guilty of an offense and upon conviction shall be sentenced to:

(a) A minimum, mandatory fine of $100.00; or

(b) A maximum fine of $250.00. [Prior code § 12.02.1221]

12.08.580 Laying out poison.

Any person who lays out poison or sets out a drug, explosive or poison that may endanger, injure or kill wildlife is guilty of an offense, and upon conviction shall be sentenced to:

(a) A minimum, mandatory fine of $100.00; or

(b) A maximum fine of $500.00. [Prior code § 12.02.1222]

12.08.590 Mutilation of wildlife.

Any person who mutilates wildlife so that the species and sex cannot be determined visually in the field or while being transported is guilty of an offense, and upon conviction shall be sentenced to:

(a) A minimum, mandatory fine of $250.00; or

(b) A maximum fine of $500.00; and

12.08.600 Shooting of livestock.

Any person who shoots any domestic livestock while hunting is guilty of an offense, and upon conviction shall be sentenced to:

(a) A minimum, mandatory fine of $250.00; or

(b) A maximum fine of $1,000; and

12.08.610 Big game hunting – Firearms restrictions.

Any person who hunts big game with any of the following is guilty of an offense:

(a) A fully automatic firearm.

(b) A rifle with bore diameter less than 0.24 of an inch (six millimeters), or barrel length less than 16 inches, except that deer may be hunted with a rifle of not less than .22 magnum caliber.

(c) Any big game other than deer with a rifle cartridge with a bullet weighing less than 85 grains, or that develops less than 900 foot pounds of energy at 100 yards.

(d) A rifle cartridge containing a bullet other than a mushrooming or expanding type, designed for big game hunting.

(e) A handgun; except that deer, bear or cougar may be hunted with a .41 magnum, .44 magnum, or .45 magnum.

(f) A bow that possesses less than 40 pounds of pull, measured at 28 inches or less draw length.

(g) Any arrows, except those having sharp broad head blade or blades at least seven-eighths inches wide, or mechanical broad heads. The broad head must be unbarred and completely closed at the back end of the blade or blades by a smooth, unbroken surface starting at maximum blade width forming a smooth line toward the feather end of the shaft and such line shall not angle toward the point. [Res. 050815 (08/05/15); prior code § 12.02.1225]

12.08.620 Crossbow hunting permitted during big game hunting season.

Crossbow hunting is permitted for all Tribal members during big game hunting season, which includes deer, elk, bear, cougar and goat.

Any person who hunts with a crossbow outside of this season is subject to a mandatory $100.00 fine. [Res. 031215A (12/03/15); Res. 050815 (08/05/15); prior code § 12.02.1226]

12.08.630 Hunting of game animals.

No person shall hunt game animals with a shotgun larger than 10 gauge. Violation of this section is an offense and upon conviction a person shall be sentenced to:

A mandatory fine of $100.00. [Prior code § 12.02.1227]

12.08.640 Game birds – Special restrictions.

No person shall hunt game birds with: lead shot (except upland game birds); or a shotgun larger than 10 gauge; or a shotgun containing more than 23 shells; or a rifle or pistol, with the exception of blue grouse, spruce grouse, and ruffed grouse.

Violation of this section is an offense and upon conviction shall be sentenced to:

A fine of $100.00. [Prior code § 12.02.1228]

12.08.650 Muzzle-loading rifles.

No person shall carry or possess any muzzle-loading rifle which does not meet the following requirements:

“Muzzle-loader” means a single- or double-barrel wheel lock, match lock, flint lock or percussion rifle with exposed ignition in which the black powder and ball or bullet must be loaded from the muzzle. If the rifle has a removable breech plug, such removal must require the use of tools. Minimum barrel length is 20 inches and minimum caliber is .45, such measurements to be taken from end to end and in the barrel. Ignition is to be wheel lock, match lock, flint lock, or percussion using original style percussion caps that fit on the nipple and are exposed to the elements. Sights must be metal. Telescopic sights or sights containing glass are prohibited. This section shall not apply to carrying a muzzle-loading pistol.

Violation of this section is an offense, and upon conviction a person shall be sentenced to:

A mandatory fine of $100.00. [Prior code § 12.02.1229]

12.08.660 Defacing.

Any person who destroys, tears down, shoots at, defaces or erases any printed matter or signs placed or posted to assist in the enforcement of hunting or fishing regulations is guilty of an offense, and upon conviction shall be sentenced to:

(a) A minimum, mandatory fine of $100.00; or

(b) A maximum fine of $250.00; and

12.08.670 Resisting.

Any person who resists or obstructs any duly authorized game agent in the discharge of his duties under this Code of regulations is guilty of an offense, and upon conviction shall be sentenced to:

(a) A minimum, mandatory fine of $100.00; or

(b) A maximum fine of $500.00; and

12.08.680 Aiding and abetting.

Any person who knowingly aids and abets another person to engage in conduct which is unlawful under this Code of regulations is guilty of an offense, and upon conviction shall be sentenced to the same degree as if he or she had committed the primary offense. [Prior code § 12.02.1232]

12.08.690 Hunting while privilege is revoked.

Any person who hunts while his or her hunting privilege is revoked is guilty of an offense and upon conviction shall be sentenced to:

(a) A mandatory fine of $500.00; or

(b) A maximum fine of $1,000; and

(d) A maximum jail sentence of 30 days. [Prior code § 12.02.1233]

12.08.700 Disabled hunter permits.

Any person who chooses to exercise his/her right to hunt as a disabled eligible hunter and who fails to obtain a disabled hunter permit shall be guilty of an offense, and upon conviction shall be sentenced to the same penalties listed in PTC 12.08.370, Hunting – Permits and harvest tags. [Res. 240609 (06/24/09); prior code § 12.02.1235]

12.08.710 Authorizing hunting on privately leased lands without permission.

Any person who authorizes hunting on privately leased lands without explicit Tribal Council authorization may have his/her lease revoked and may be sentenced to a fine of $500.00. [Res. 240609 (06/24/09); prior code § 12.02.1236]

Subchapter 13. Additional Sentencing Provisions

12.08.720 Sentencing.

Sentences listed for each offense apply to convictions for the first violation of the code. The Puyallup Tribal Court shall not suspend or reduce any minimum sentence under this Code except upon a showing of good cause because of exceptional circumstances by the person convicted. [Prior code § 12.02.1310]

12.08.730 Repeat offender.

(a) Any person who is convicted of a second or subsequent violation of this Code (whether the same or a different offense) within five years of the first conviction shall be sentenced as follows:

(1) A minimum, mandatory fine in the amount which is twice the minimum, mandatory fine for the first violation for that offense. The maximum fine which may be imposed is $2,500; and

(2) A minimum, mandatory jail sentence of two days in jail with a maximum of one year in jail.

(b) If the second conviction is for violating PTC 12.08.380, Hunting during closed season, PTC 12.08.390, Animals wrongly taken, or PTC 12.08.410, Exceeding the harvest limits, the sentence shall be the same as in subsection (a) of this section and revocation of all hunting privileges for no less than one year and not to exceed three years.

(c) If the second conviction is for violating PTC 12.08.560, Hunting eagles, the sentence shall be a mandatory fine of $1,000 and a mandatory, minimum jail sentence of 14 days with a maximum jail sentence of six months, and mandatory revocation of all hunting privileges for not less than three years. [Prior code § 12.02.1320]

Subchapter 14. Parent or Guardian Liable for Child’s Actions

12.08.740 Parent or guardian liability.

Any parent or guardian of a child who violates any provisions of this Code or regulations or permits issued or adopted under this Code shall be liable for all fines, Court costs, or damages resulting from the child’s acts.

This section shall not apply to any persons certified by the Hunting Commission to be head of a household. [Prior code § 12.02.1410]

Subchapter 15. Enforcement

12.08.750 Wildlife agents.

The Puyallup Tribal Council shall appoint one or more persons to serve as wildlife agents. A wildlife agent shall have the authority to enforce the provisions of this Code and regulations or permits issued or adopted under this Code. The Puyallup Tribal Council may, upon request from a wildlife agent, appoint and deputize a person to assist a wildlife agent in the performance of his or her duties. [Prior code § 12.02.1505]

12.08.760 Cross deputization.

The Puyallup Tribal Council may enter into an agreement with another tribe, treaty council, or state, federal, or county government providing for the cross deputization of the wildlife agents and/or Law Enforcement Officers. [Prior code § 12.02.1510]

12.08.770 Arrest.

(a) Wildlife agents shall have the authority to arrest any Indian person purporting to exercise Puyallup Tribal hunting rights who is in violation of any provisions of this Code or regulations or permits issued or adopted under this Code. Wildlife agents shall have authority to detain any non-Indian who violates this Code in order to commit that person to the custody of county, state, or federal officers for prosecution.

(b) No wildlife agent shall arrest any person for violation of this Code or regulations or permits issued or adopted under this Code except when:

(1) The offense occurs in the presence of the arresting officer; or

(2) The agent has probable cause to believe that the person being arrested has committed the alleged offense; or

(3) The agent has a warrant issued by the Puyallup Tribal Court commending the arrest of such person or knows as a certainty that such warrant has been issued.

(c) In those situations where the wildlife agent is authorized to make an arrest, the agent may instead, in his or her discretion, issue either a written warning or a citation on a form approved by the Tribe commanding the alleged violator to appear before the Puyallup Tribal Court to answer the charges. [Prior code § 12.02.1515]

12.08.780 Notification of rights.

Immediately upon arrest an alleged violator shall be advised of the following:

(a) The charges against him or her;

(b) That he or she has a right to remain silent;

(d) That he or she has a right to be represented by an attorney or spokesman at his or her own expense.

If arrest is made pursuant to a warrant, the accused shall be given a copy of the warrant at the time of the arrest or as soon thereafter as possible. [Prior code § 12.02.1520]

12.08.790 Searches with or without warrant.

(a) A wildlife agent may search, without warrant, any gear, vehicle, tent, camper, or any place or premises at or near a hunting site which the agent has probable cause to believe contains evidence of violations of this Code or of regulations or permits issued or adopted under this Code.

(b) The Tribal Court may issue a search warrant and direct a search to be made in any place wherein it is alleged that any evidence of violation of this Code or regulations or permits issued or adopted under this Code is concealed or kept. [Prior code § 12.02.1525]

12.08.800 Seizure of wildlife.

(a) Upon arrest or upon issuance of a citation, the wildlife agent may seize all wildlife and parts of wildlife which the agent has reasonable grounds to believe have been taken or killed by the alleged violator contrary to the provisions of this Code, or any regulations or permits issued or adopted under this Code. A wildlife agent may, in addition, seize any weapons or other paraphernalia (excluding the hunter’s vehicle) which the agent has reasonable grounds to believe has been used in the commission of a violation of this Code or any regulation or permits issued or adopted under this Code.

(b) A wildlife agent who has seized wildlife, weapons or other items pursuant to this section shall prepare a written inventory of all items seized which shall be signed by the agent and the alleged violator. When unattended gear and/or its contents are seized, the inventory shall be signed by the agent. In all cases, one copy of the inventory shall be given to the alleged violator, if known, one copy filed with the Tribal Court and one copy to the Puyallup Hunting Commission.

(c) All seized items, other than perishable wildlife and wildlife parts, seized pursuant to this section shall, as soon as practicable, be brought to the Tribal Law Enforcement office or other place designated by the Tribe for the storage of seized property. Seized property shall be stored in such a manner as to minimize further damage to it and shall be held until disposed of pursuant to order of the Tribal Court. [Prior code § 12.02.1530]

12.08.810 Return of seized property – Perishable.

Any person who has had perishable meat seized under the authority of this Code may elect to have the meat frozen and stored, if storage facilities are available, pending the outcome of Court proceedings, or to have the Hunting Commission dispose of the meat for Tribal purposes. If the person is acquitted or charges are dismissed, the frozen meat shall be returned or, if the meat was disposed of by the Hunting Commission, the person may be issued a permit and an appropriate harvest tag to obtain a replacement animal. [Prior code § 12.02.1535]

12.08.820 Return of seized property – Nonperishable.

(a) Any person whose property has been seized under the authority of this Code may apply immediately to the Tribal Court for release of said property. The Tribal Court may order immediate return of said property if the Court determines that said release is in the best interest of the wildlife resource. The Tribal Court may expedite all hearings requested under this section.

(b) If the person, whose property has been seized pursuant to this Code or regulations or permits issued or adopted under this Code, is acquitted or charges against the person are dismissed, the Court shall order immediate return of the property. [Prior code § 12.02.1540]

12.08.830 Forfeiture procedures.

(a) When a person has been convicted of violating a provision of this Code or any regulation or permits issued or adopted under this Code, the Court may order forfeiture of any items seized in connection with the violation. The convicted person shall be given the opportunity to present evidence and arguments to the Tribal Court regarding why it would be inequitable to forfeit those items seized.

(b) In all cases where the owner of items seized is unknown, the Tribal Court shall have the power to order the forfeiture of any articles seized provided the following procedures are followed:

(1) The wildlife agent who makes a seizure shall immediately post at prominent public locations on the reservation a notice describing the items and the time and the place of the seizure. The notice shall provide that the persons wishing to claim the articles must do so within 30 days after the notice is posted.

(2) If no one claims unmarked articles seized pursuant to this Code within the time limit provided, the Hunting Commission may dispose of it. Any proceeds from disposition of the property shall be turned over to the Hunting Commission.

(3) If a person claims unmarked articles seized by a wildlife agent, the Tribal Court shall hold a hearing to determine whether the claimant is in fact the owner and whether the property should be released to the claimant. [Prior code § 12.02.1545]

12.08.840 Disposition of property forfeited.

In the event the Tribal Court orders forfeiture of articles seized, the articles shall be turned over to the Puyallup Hunting Commission for the use and benefit of the Tribe. Any items or proceeds not forfeited by order of the Tribal Court shall be returned to the owner after the completion of the case and after the fines, if any, have been paid. [Prior code § 12.02.1550]

12.08.850 Tribal Court.

The Puyallup Tribal Court shall have jurisdiction over cases under this Code and regulations or permits issued or adopted under this Code. Rules of Court and other provisions relating to establishment and conduct of the Court contained in the Fishing Code and other laws of the Puyallup Tribe shall apply to the Tribal Court when exercising jurisdiction under this Code, unless a provision is inconsistent with the terms of this Code. [Prior code § 12.02.1555]

12.08.860 Severability.

If any provision of this Code or regulations or permits issued or adopted under this Code or its application of the provisions to other persons or legal entities or circumstances is held invalid, the remainder of the Code or the application of the provision to other persons or legal entities or circumstances shall not be affected. [Prior code § 12.02.1560]