Chapter 12.16
GATHERING POLICY AND PROCEDURES
Sections:
12.16.010 Gathering policy and procedures.
12.16.010 Gathering policy and procedures.
Policy. Hunting and gathering are Treaty rights recognized under the Treaty of Medicine Creek of 1854. The Treaty provides members of the Puyallup Tribe with the privilege of “hunting, and gathering roots and berries” on “open and unclaimed lands.” There are many species of plants, herbs and medicines available for the exercise of Treaty gathering rights by Puyallup Tribal members. The Puyallup Tribe permits its members the opportunity to gather plants and herbs for subsistence, medicinal and cultural purposes in the Puyallup Tribe’s traditional gathering areas. Gathering by any person for commercial purposes is strictly prohibited.
(a) Permits. In order to gather plants, herbs and medicines, a gathering permit is required.
(1) Permits can be obtained through the Puyallup Tribal Hunting and Wildlife Department. Applications are also available at the Puyallup Tribal Hunting and Wildlife Department.
(2) No fee will be charged for these permits. Permits are authorized annually and must be renewed one year from the date of issuance. The Tribal member must have the gathering permit along with his/her Tribal Identification on his/her person at all times when gathering foods, plants and herbs.
(3) After each day of gathering, an inventory must be returned to the Hunting and Wildlife Department.
(b) Gathering Times/Limits. Gathering can be done on a daily basis from 8:00 a.m. until 4:00 p.m. Gatherers may gather no more than they can use within a one-month period.
(c) Minors. Minors under the age of 18 may obtain permits only if authorized by a parent or guardian. Minors must be supervised by an adult when they are gathering plants and herbs.
(d) Nonmembers Prohibited. All nonmembers, including non-Indians and members of tribes other than the Puyallup Tribe, are prohibited from gathering in regions exclusively owned by the Puyallup Tribe. If a person is caught on Tribally owned property in the Tribe’s traditional gathering areas, he/she may be subject to removal and may face possible criminal/civil trespass charges. If he/she is caught with foods and subsistence plants, these will be confiscated by the Puyallup Tribal Police Department and donated to a Puyallup program that serves elderly and disabled Tribal members who are unable to gather foods, plants and medicines. Nonmember trespassers in exclusively owned Tribal locations may also be subject to a restraining order.
(e) Conservation. All gatherers must harvest herbs and plants to be used for foods, medicines and cultural crafts, with the intent of preserving the resource for future generations in perpetuity. This means not harvesting herbs and plants to the point of extinction in any area of the property. Commercial harvesting is strictly prohibited. Failure to comply with this section could result in a suspension of the gathering permit. Plants that are usable without the benefit of the root should be carefully harvested to preserve the root in the soil for continued plant production.
(f) Customs and Traditions. Gatherers will be mindful of all Tribal customs and traditions when gathering any plants or herbs for subsistence, medicinal or cultural purposes. This would include the practice of only gathering some plants and herbs during certain times of the year; harvesting the resource without killing the tree or plant; and being mindful of all ceremonies of giving thanks connected with the particular harvest.
(g) Restrictions. Tribal member gatherers are prohibited from engaging in commercial gathering activities and from doing the following when exercising their Treaty gathering rights:
(1) Trees. No felling of trees for firewood. No bark harvesting on trees if it will permanently damage or kill the tree. Bark harvesting must be done in a manner that will conserve the life of the tree. Firewood may be gathered from dead trees or branches.
(2) Minerals. No gathering of minerals on a large scale. This means no dredging for gravel, and no mining or drilling.
(3) Water. Drilling for water is strictly prohibited.
(4) Fruit Gathering. When gathering fruit from plants, only the fruit may be harvested. The plant cannot be removed.
(5) Roots. If it is necessary to dig up an entire plant for food or for medicinal purposes, some plants in that particular area must be preserved for sustainability of the resource for other Tribal members.
(h) Restoration. A database will be created by the Department identifying the locations of various plant species. Those species that have been damaged, negatively impacted, or are nearing extinction in that particular area will be replanted on a case-by-case basis.
PUYALLUP TRIBAL HUNTING AND WILDLIFE DEPARTMENT
GATHERING PERMIT APPLICATION
Puyallup Tribal adults and minors qualify for a Gathering Permit. Each applicant must bring his/her Puyallup Tribal Identification and provide a copy of it and attach it to the application. Permits are only valid for gathering in the Medicine Creek Treaty area of the Puyallup Tribe. Members can gather foods and plants for subsistence, medicinal and cultural purposes. Commercial gathering is prohibited. Gathering Permits must be renewed annually and expire one year from the date of issuance.
[Application must be fully completed.]
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Name [please print]: |
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Date of birth: |
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Enrollment No.: |
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Identification of Gathering Areas |
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I certify that the information above is true and correct to the best of my knowledge.
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Date: ________________. |
___________________________________ |
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[Signature] |
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___________________________________ |
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[Printed Name] |
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___________________________________ |
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[Address] |
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___________________________________ |
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[City, State and Zip Code] |
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___________________________________ |
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[Telephone Number] |
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___________________________________ |
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[Minor – Parent’s Signature Authorizing |
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___________________________________ |
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[Printed Name] |
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Date received by Department:
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Date Permit Provided: |
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[staff initials] |
[staff initials] |
PUYALLUP TRIBAL HUNTING AND WILDLIFE DEPARTMENT
INVENTORY
On the ____ of ________________, 20___, I harvested:
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Lbs. (approximately): |
______________________________________ |
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Species of Plant, Herb or |
______________________________________ |
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Quantity: |
______________________________________ |
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Location of harvest: |
______________________________________ |
I agree to return this form to the Hunting and Wildlife Department for every day that I harvest. I agree to submit this form within three weeks of a harvest. I swear under penalty of perjury that the above is true and correct.
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Date: |
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[Signature] |
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_________________________________ |
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[Printed name] |
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Date received by Department:
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Verified items Received: |
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[staff initials] |
[staff initials] |
[Gathering Policy and Procedures (07/18/12)]