Chapter 8.05 FISHING

Prior legislation: Ord. 51; Resos. 91-0079, 93-0080, 95-008, 95-0126, 96-0036, 97-0145, 98-097, 99-157, 99-343, 2003-394, 2004-265, 2008-73, 2010-37, 2011-43, 2014-401, 2016-088 and 2016-180.

Article I. General Administrative Provisions

8.05.010 Title.

This chapter shall be known as the Tulalip Tribes Fishing Code. [Res. 2020-452].

8.05.020 Declaration of policy.

The purpose of this chapter is to assure the continued opportunity for the Tribes and its members to harvest fish, shellfish, and other fishery resources consistent with the conservation of the resource and legal obligations for the allocation of the harvest. Nothing herein shall be construed as a relinquishment, abrogation, or abridgment of any right of the Tulalip Tribes. [Res. 2020-452].

8.05.030 Definitions.

As used in this chapter:

(1) “Beach seine net” is a hand- or power-manipulated seine net operated from the shore not customarily used for the gill capture of fish.

(2) “Biological personnel” means trained biologists and technicians who are employed by the Tribes and whose duties include advising on the management and/or enhancement of the Tribal fishery.

(3) “Biological personnel card” is an identification card issued by the Fish and Wildlife Director to those biological personnel who are authorized to take and possess fish under the authority of this chapter. Said identification card shall bear the photograph and job title of the person so authorized.

(4) “Ceremonial fishing” means the taking of, or attempt to take, fish, shellfish, or other fishery resources for use in traditional Tribal ceremonies and/or for religious purposes, and is exclusive of fishing for subsistence and commercial purposes.

(5) “Commercial fish seller” or “seller” is a person who, for commercial purposes, sells at retail or wholesale fish he has caught himself (including “over the bank”), whether such fish are processed or not, including but not limited to smoking.

(6) “Commercial fishing” is the taking of fish, shellfish or other fishery resources with the intent to sell them or profit economically from them. The term “profit economically” does not include barter among Tulalip Tribes Tribal members.

(7) “Depth of net” means the total distance between cork and lead line in meshes measured perpendicular from the cork to the lead line.

(8) “Enrolled person/Tribal member” means any person who is an enrolled member of the Tulalip Tribes.

(9) “Fish,” unless a provision is expressly referring to a specific species or category of fish or shellfish, is intended to be interpreted broadly to mean all species of fish and shellfish, including all marine invertebrates, and the harvesting thereof.

(10) “Fish buyer” or “buyer” means a person, firm, or entity that purchases fish from the fisherman who caught the fish for commercial purposes and/or resale.

(11) “Fisheries Patrol Officer(s)” means the person or persons charged with the responsibility of enforcing this chapter, the regulations promulgated hereunder, and fishing ordinances and regulations properly adopted.

(12) “Fishing gear” or “gear” means all types and sizes of hooks, nets, spears, gaffs, lines, traps, appliances, and other apparatus used to take fish.

(13) “Forfeit fish,” as this term is used in the penalty schedule, means forfeiture of all fish seized or forfeiture of all proceeds from the sale of fish and forfeiture of all property, including fishing gear, seized pursuant to lawful arrest or issuance of a citation. This includes proceeds from the sale of the fish by the fisherman if the fish were not seized by the Fisheries Patrol.

(14) “Gaff and snag line” are hand-operated gears which are used to impale fish by pursuing and striking the individual fish with the gear.

(15) “Gillnet” is a net of single-web construction attached at the top to a float line and the bottom to a weight line as customarily used for the gill capture of fish.

(16) “Habitual offender” is a person who has committed or been convicted of three or more violations of this chapter in a three-year period. The violations may be all civil, all criminal or a combination of both.

(17) “Hand dip net” is defined as a section of netting distended by a rigid frame, operated by a process commonly recognized as dipping. Such nets may be of any size.

(18) “Hook and line” refers to a single line, with one or more hooks as per annual general regulations.

(19) “Management period” means a time interval during which the majority of individuals of a fish species are accessible to capture. A management period is specific to a species and a single species may have more than one management period during the course of a year, depending upon the life cycle of that species.

(20) “Nonenrolled person/nonmember” means any person who is not an enrolled member of the Tulalip Tribes.

(21) “Purse seine” is a net having a mesh size of at least four inches on the lead and wings, and three and one-half inches on the bunt not exceeding 1,800 feet on the cork line, nor 2,200 feet on the lead line, and purse seine line combined.

(22) “Round haul net” is a hand- or power-manipulated seine net which is operated from a boat having no purse seine rings.

(23) “Salmon” or “salmonid” means the following species of anadromous fish: Chinook, sockeye, coho, chum, pink and steelhead.

(24) “Sent to the dock” means engagement in any fishing activity stops and the boat immediately returns to dock until the violation is remedied. A Fisheries Patrol Officer must verify the violation has been remedied before the boat re-engages in the fishery.

(25) “Shellfish” means marine invertebrates including mollusks (clams, geoducks and oysters), crustaceans (crab and shrimp) and echinoderms (sea urchin and sea cucumber).

(26) “Stretched measure” means the distance between the inside of one knot to the outside of the opposite (diagonal) knot on one mesh. Measurement shall be taken when the mesh is stretched diagonally while wet, by using a tension of 10 pounds on any three consecutive meshes, then measuring the middle mesh of the three meshes while under tension.

(27) “Subsistence fishing” is the taking of fish, shellfish or other fishery resources for personal subsistence consumption by Tribal members and their families. Subsistence fishing is exclusive of fishing for commercial or ceremonial purposes.

(28) “Suspension of fishing privileges” means that, during the period of suspension, the suspended fisherman shall not participate in any Tulalip fishery and shall not transfer fishing gear or boat(s) registered to him to any other person participating in a Tulalip fishery. The suspension of fishing privileges shall be counted beginning on the next calendar day after a conviction, failure to appear at a hearing to contest a civil infraction or a finding of/or equivalent to “committed” as the final disposition for any infraction under this chapter. The suspension shall run for consecutive days. The Court shall provide notice of the suspension to the Tulalip Police Department – Fish and Wildlife Division and to the Natural Resources Director.

(29) “Test fishery” means a fishery allowed on a limited basis for the purpose of acquiring technical or management information, including, but not limited to, run strength, timing, composition, gear selectivity, exploitation rate, and enhancement possibilities.

(30) “Traffic” means offering, attempting to engage, or engaging in sale, barter, or purchase of fish.

(31) “Tribal Court” means the Court of the Tulalip Tribes, or any other court established and authorized to hear violations of this chapter, regulations promulgated hereunder, and fishing ordinances and regulations properly adopted by the Fish and Wildlife Director.

(32) “Tribal fisherman” or “fishermen” means any person, whether or not a member of the Tribes, who is exercising any Tribal fishing right or who is assisting in the exercise of such rights pursuant to Tribal authorization.

(33) “Tribal identification card” is an identification card issued by a tribal government identifying the holder as an enrolled member of that tribe along with an enrollment number, his or her photograph and any other information which the tribe may require.

(34) “Troll gear” is a type of fixed hook and line gear.

(35) “Tulalip Board of Directors” is the governing body of the Tulalip Tribes and is authorized to conduct and regulate the business affairs of and to act on behalf of the Tulalip Tribes.

(36) “Tulalip Fish and Wildlife Director” or “Fish and Wildlife Director” is the Tulalip Tribes Fish and Wildlife Director as appointed by the Tulalip Board of Directors.

(37) “Tulalip Tribes Fish Commission” or “Commission” is composed of Tulalip Tribal members elected by the Tulalip membership to carry out certain responsibilities regarding the fisheries policy of the Tulalip Tribes.

(38) “Tulalip Tribes” or “Tribes” means the entity comprised of the enrolled members of the Tulalip Tribes acting as a governing body through the Tulalip Board of Directors. [Res. 2020-452].

8.05.040 Jurisdiction.

(1) Area. The provisions of this chapter and all rules and regulations promulgated under it shall apply to the full extent of the exterior boundaries of the Tulalip Indian Reservation, and at the usual and accustomed grounds and stations, whether on or off the Reservation of the Tulalip Tribes; and shall apply in conformity with all agreements or other cooperative arrangements entered into by the Tulalip Tribes which are designed to provide Tribal access to available fisheries and/or to provide effective fisheries management.

(2) Persons. The provisions of this chapter and all rules and regulations promulgated under it shall apply to all persons eligible to fish under this chapter wheresoever situated, all persons purporting to exercise fishing rights secured to the Tulalip Tribes by the Treaty of Point Elliott, or other applicable treaties or agreements, to all persons fishing within the Tulalip Indian Reservation, and/or usual and accustomed grounds and stations of the Tulalip Tribes, and to all persons entering beaches, tidelands, or other submerged lands owned by, or held in trust for, the Tulalip Tribes. [Res. 2020-452].

8.05.050 Tribal member commercial fishing and permit required.

(1) Enrolled Members. Only enrolled members of the Tulalip Tribes may exercise treaty fishing rights under the authority of this chapter, except as otherwise provided in this section. An enrolled person who allows a nonenrolled person to assist in a Tribal fishery contrary to the provisions of this chapter shall be subject to the penalties set out in this chapter for this violation. A nonenrolled person found on a boat operated by an enrolled person exercising treaty fishing rights of the Tulalip Tribes shall be presumed to be engaged in illegal fishing.

(2) Minors. No person under the age of 15 years who is otherwise eligible to fish under this chapter shall exercise treaty fishing rights for commercial purposes, unless he or she is accompanied by an adult member of the Tulalip Tribes, or unless he or she is the head of the household, or unless there is a showing of extreme hardship. The determination of whether a person is a head of a household and whether there is a showing of extreme hardship sufficient to allow a minor to exercise treaty fishing rights shall be made at the discretion of the Fish and Wildlife Director.

(a) Minors eligible to fish under this subsection (2) may fish only during the hours of 3:00 p.m. to 10:00 p.m. on school days, and no later than 10:00 p.m. on a day immediately preceding a school day. On a case-by-case basis, the Fisheries Director or designee may grant a pass to a minor to fish outside of these hours.

(b) It is the duty of the parent or guardian of any minor who is to exercise treaty fishing rights to ensure compliance with this chapter and any regulations adopted hereunder. Both the parent or guardian who permits a minor to violate this section and the minor violating this section shall be subject to the penalties provided under this chapter.

(c) Anything in this chapter to the contrary notwithstanding, no person under the age of 18 years who is otherwise eligible to fish under this chapter shall be eligible nor entitled to engage in hazardous or potentially hazardous fishing activities, defined as:

(i) Geoduck diving and participation in geoduck diving training programs; and

(ii) Any other hazardous or potentially hazardous activity as may be determined by the Fish and Wildlife Director and promulgated in Tribal regulations; provided, however, that where a person is a head of household or where there is showing of extreme hardship, the Fish and Wildlife Director may, in his or her discretion, waive the provisions of this section and allow a person under the age of 18 to engage in hazardous or potentially hazardous fishing activity pursuant to such appropriate conditions as the Director may set. [Res. 2020-452].

8.05.060 Scientific fishing and permit required.

(1) Biological Personnel of the Tulalip Tribes. Biological personnel of the Tulalip Tribes may take and possess fish of all species for scientific, management, and/or enhancement purposes by any means or gear suitable for the purpose of the biological program, but only if in possession of a currently valid scientific collection permit issued by the Fish and Wildlife Director and in compliance with all applicable terms of such permit.

(a) Each person taking fish under the authority of this subsection shall keep a cumulative record of all fish so taken by him or her and shall produce it for inspection upon request by the Fish and Wildlife Director or Fisheries Patrol Officer. Fish taken under the authority of this subsection shall not be sold or used by biological personnel for personal gain, but shall be disposed of as directed by the Fish and Wildlife Director.

(b) Any attempt by biological personnel to circumvent this subsection or to abuse the privilege granted herein shall be grounds for immediate dismissal from employment with the Tribes. [Res. 2020-452].

8.05.070 Other tribal member assisting and permit required.

(1) Members of Other Point Elliott Treaty Tribes. In catch reporting areas 7, 7A, 9 and 10, an enrolled member of any other Point Elliott Treaty tribe may assist a Tulalip fisherman in a Tulalip treaty fishery (provided the person has established usual and accustomed fishing rights in the fishing areas in which he or she will be assisting the Tulalip Tribal member fisherman). The treaty fisherman providing assistance shall possess and be required to present upon demand by Tulalip enforcement a tribal identification card verifying their enrollment in a Point Elliot Treaty tribe and a permit issued by Tulalip fisheries. Fees and permit requirements for fishing assistance may be set by regulation. [Res. 2020-452].

8.05.080 Observers and permit required.

The Fish and Wildlife Director may authorize otherwise ineligible persons to be aboard fishing vessels for no more than 24 hours for special purposes as stipulated on permit. Valid reasons for an observer’s permit include gathering of information for news media reports, scientific research, and firsthand observation of fishing activities by public officials. An observer’s permit shall not be authorized for the purpose of fishing assistance. [Res. 2020-452].

8.05.090 Tribal identification cards and permits required – Withholding for failure to pay fines, fees, or taxes.

(1) Required Identification Cards, Permits, and Licenses. Every person exercising or otherwise participating in Tribal treaty rights fishing under this chapter shall have in their possession:

(a) Tribal identification card or biological personnel card.

(b) Valid subsistence/ceremonial permit or scientific collection permit.

(2) Fishing Permits.

(a) Subsistence/Ceremonial Permit. A subsistence/ceremonial permit shall allow fishing when regulations and open seasons allow, for subsistence, religious, or ceremonial purposes only.

(b) Scientific Collection Permit. A permit authorizing Tulalip biological personnel to take fish or shellfish for biological, management, or enhancement purposes.

(3) Boat/Gear Licenses. Commercial boat/gear licenses are issued in the name of the owner of the gear and must be in the physical possession of the operator of the gear and/or boat while fishing. These licenses shall be of the following types:

(a) Boat Owner’s License. An original permit issued for a boat belonging to an eligible fisherman upon payment of a fee as set by regulation, evidence of Coast Guard (or, where applicable, State) numerals, and registration and/or documentation, safety equipment clearance, and proof of ownership acceptable to the Fish and Wildlife Director. The annual general regulation shall list required safety equipment and standards and shall require that a boat pass a safety inspection before a permit is issued. The Fish and Wildlife Director may also require that a photograph of the boat be taken or other identifying information be provided. If the boat or a portion thereof is owned by a corporation, the shares or other indicia of ownership of said corporation must be exclusively held by eligible Tribal member fishermen as well as the composition of the corporation’s officers, management and Board of Directors. If the boat is being purchased on a conditional sales-type contract or the like, the contract is subject to approval by the Fish and Wildlife Director as bona fide.

(b) Dive Gear License. A license issued to eligible fishermen who are certified divers upon payment of a fee and upon conditions, if any, as set by regulation. This license authorizes the operation of a specific type of gear or harvest method without reference to a particular vessel.

(4) Other Permits. The Board of Directors may set from time to time by appropriate resolution such other qualifications and restrictions on the issuance of permits and restrictions of gear types.

(5) Physical Possession of Identification and Permits Required. Fishermen must have their identification card and all other required permits and licenses in their physical possession while engaged in the sale of fish, fishing, or traveling to or from fishing activity. Biological personnel must have the required identification card and scientific collection permit.

(6) Unpaid Tribal Debts. No permit or boat/gear license shall be issued to any person who owes any fine, fee, or tax imposed pursuant to this chapter or who has been certified to the Executive Director of the Natural Resources Department by the Port of Tulalip to be either three months past due in their boat moorage payments or other fees or charges or owes the Port more than $150.00 in moorage payments or other charges.

(7) Commercial Dive Operations Drug Testing Requirements.

(a) The Tribes finds that commercial diving operations are an inherently dangerous activity and strict safety standards are required to protect divers from serious injury or death. Because of the safety concerns related to diving, all commercial divers shall be required to comply with these commercial dive drug testing requirements as a condition to being granted or maintaining their license to partake in commercial dive operations. The Fish and Wildlife Director is hereby granted authority to deny, suspend or revoke treaty fishing licenses under the terms of this section.

(b) In order to receive an annual dive gear license, an applicant must pass a drug test administered at an approved lab at the applicant’s expense. The drug test shall test for the same substances tested for by Tribal Employment and results must be forwarded by the lab or submitted with the license application. The drug test must be conducted within the 14-day period prior to submission of the license application and must show negative results for all tested substances. All drug test results shall be treated as confidential. Submission of false, tampered drug test results or tampered urine samples will result in immediate license denial/revocation and the individual shall be ineligible for a license for 12 months. Examples of a tampered urine sample may include a dilute sample, a sample reported by the lab to be invalid or not consistent with human urine, or one in which the results show specific gravity, pH level or creatinine level outside of the normal range.

(c) The Tulalip Tribes may conduct random testing of licensed divers during the season. Any random testing conducted shall include all dive gear licensees in the pool, and names shall be selected from the pool through a process of random selection. Random testing shall be at the expense of the Tribes and shall be funded from fish tax revenues.

(d) If Tribal law enforcement or Tribal Fisheries Enforcement personnel have a reasonable suspicion of alcohol or drug intoxication by divers or dive operators/crew during any commercial dive operation, they may suspend the dive operation immediately and may also require the boat to return to dock. Law enforcement personnel shall then administer, as appropriate, a field sobriety test for alcohol and/or drugs. A breathalyzer test may be administered for alcohol intoxication, and any alcohol concentration reading of 0.04 or higher shall be grounds to immediately suspend the individual’s license or permit. Field tests for drugs may involve taking saliva or urine samples for testing, or enforcement may require operators to proceed back to dock for testing at designated locations.

(e) If an individual refuses to take the tests called for in this policy, or refuses to report for a drug and alcohol assessment in response to a positive test, the individual’s license or permit will be suspended for all treaty fishing activity for 12 months.

(f) If a certified commercial diver or dive operator/crew licensee registers positive on any drug tests or registers a 0.04 alcohol concentration or above on any breathalyzer test given under this policy (except for post-accident testing involving injury) their license or permit will be immediately suspended for commercial dive operations and the individual will be required to, within seven days of receiving a positive test result, report to Tulalip Family Services or other certified agency for a drug and alcohol assessment. A counselor should develop a follow-up treatment and compliance plan (plan) with conditions which shall be based on the results of the assessment. Upon signing of the plan, the individual’s license or permit will be reinstated upon the condition that they comply with all terms of the plan and have submitted a negative UA. Refusal to agree to and comply with all the terms in the plan will result in continued suspension from participation in all treaty fishing activity until a plan has been agreed to and complied with. Individuals shall be required to sign a release for the counselor to share compliance information with designated fisheries staff. The plan may require the suspended individual to submit to unannounced, unscheduled follow-up testing for up to 12 months following the individual’s return to commercial harvesting.

(g) Upon a second violation, or a first violation associated with a serious marine incident, a commercial diver, or dive boat operator or crew, immediately loses their license or permit to participate in any treaty fishery for 12 months. The individual shall not be permitted to be relicensed thereafter unless the individual submits a negative UA test and a signed statement from a medical professional indicating they are fit to dive.

(h) Any individual whose licenses or permits to participate in a treaty fishery have been suspended or terminated pursuant to this section shall be informed of the reasons for suspension or termination and may appeal such suspension or termination through a written request for an appeal to the Fish Commission. As part of the process, the appellant’s complete diving record and overall dive safety compliance will be subject to review. The Fish Commission will provide notice to the individual of the date, time and location for the individual to have an opportunity to address the Commission with any relevant information or arguments they may have. Failure of the individual to appear for the scheduled meeting with the Fish Commission shall be cause for upholding the suspension or termination of their licenses or permits. The decision of the Tulalip Fish Commission shall be final.

(8) Commercial Dive License Occupational Safety and Health Administration (“OSHA”) Requirements. All commercial divers shall be subject to, and at all times comply with, the OSHA requirements made applicable to commercial diving per Tulalip regulation. Violation of OSHA requirements applicable through Tribal regulation shall result in suspension of a commercial dive license until such time as compliance is demonstrated. [Res. 2020-452].

8.05.100 Registration and identification of fishing boats and gear.

(1) Registration of Gear. All boats and gear used in exercising Tribal fishing rights shall be registered in the name of the Tribal member actually owning or having an interest in that boat or gear and marked in accordance with the procedures established by this chapter and Tribal fishing regulations promulgated hereunder. No gear shall be authorized under this chapter for use in exercising Tribal fishing rights unless it is so registered and marked.

(2) Identification of Gear. All fishing gear shall be conspicuously marked in such a way that ties the gear to the Tribal member owned vessel so that the owner may be identified without the necessity of removing the gear from the water. All unmarked gear and unattended boats, and any fish or shellfish found therein, may be seized by the Fisheries Patrol Officers as provided herein.

(3) Tulalip Authorized Fishing Vessels. The Fish and Wildlife Director shall maintain a list of Tulalip authorized fishing vessels. Vessels which meet all ownership requirements under this chapter and hold a currently valid Tulalip vessel permit will be eligible for this list, provided they are not disqualified by the provisions of subsection (3)(a) of this section. Only authorized vessels are allowed to be used in commercial fisheries opened by the Tulalip Tribes.

(a) Authorized vessels are not allowed to be used in commercial fisheries within the State of Washington opened by the State of Washington, another tribe, or other non-Tulalip management entity. Use of a vessel in violation of this section shall result in removal of the vessel by the Fish and Wildlife Director from the list of Tulalip authorized vessels as of the date and time of such use. If an authorized vessel is removed from the list of authorized vessels by the Fish and Wildlife Director or at the request of the boat owner due to use of the vessel in a Washington State or non-Tulalip commercial fishery, it shall not be eligible to be reinstated as an authorized Tulalip vessel for the remainder of the current annual fishing season and the duration of the next subsequent annual fishing season. Subsequent reinstatement shall be allowed only upon approval of the Tulalip Board of Directors. [Res. 2020-452].

8.05.110 Fish and Wildlife Director.

(1) The Tulalip Board of Directors shall appoint a Fish and Wildlife Director who shall be supervised by the Executive Director for Natural and Cultural Resources, and who shall be responsible for:

(a) Managing the Tulalip Tribes fish and wildlife resources;

(b) Coordinating the activities of the Tribal fishery with the Tulalip Board of Directors;

(c) Promulgating fishing and hunting regulations subject to review by the Tulalip Board of Directors in their discretion;

(d) Fisheries enhancement efforts of the Tulalip Tribes;

(e) Carrying out any other duties delegated to the Fish and Wildlife Director under this chapter; Chapter 8.10 TTC, Hunting; or by the Tulalip Board of Directors;

(f) Daily management of the fishery by the Fish and Wildlife Director, subject to the recommendations, direction and advice of the Fish Commission. [Res. 2020-452].

8.05.120 Fisheries regulations.

The regulations promulgated by the Fish and Wildlife Director, subject first to the review of the Fish Commission then to the review of the Tulalip Board of Directors in their discretion, shall be consistent with this chapter and may include, without limitation, regulations covering the following:

(1) Specifying the times and places when and where the taking of any or all of the various classes of fish and shellfish is lawful or is prohibited or otherwise limited.

(2) Specifying and defining the types, sizes, and other characteristics of fishing gear not already herein defined; and the time, place, and manner in which it will be lawful to use any fishing gear.

(3) Determining additional requirements and conditions for the issuance of Tribal fishing permits as well as any further restrictions on the use of such permits; and setting procedures for the application for and issuance of such permits. In making these determinations, the Fish and Wildlife Director shall give preference to the use of fish for subsistence, religious, and ceremonial purposes.

(4) General fishing regulations covering all fisheries of the Tribes shall be presented to the Board of Directors by the Fish Commission during March of each year for their approval and adoption by resolution. These regulations shall cover the period May 1st through April 30th of the following year and shall contain the following sections:

(a) Gear descriptions and limitations.

(b) Standardized requirements for marking fishing boats and fishing gear, including pots and buoys.

(d) Safety equipment and standards.

(e) Catch area boundaries.

(f) Catch reporting requirements.

(5) Preseason regulations for commercial fisheries shall be issued by the Fish and Wildlife Director to the Fish Commission for review and final approval. Such regulations shall be issued for each species, or major species group, upon which fisheries are targeted. Preseason commercial fishing regulations shall contain at least the following information:

(a) Management areas to which the regulation applies.

(b) Management periods for the species or species group.

(d) Dates and times of fisheries openings and closures, or a statement of closure of all fisheries which can be modified by in-season emergency regulation.

(e) An estimate of expected effort (this section to be included only if required by Court order to transmit this information to affected parties).

(f) An amount allowed for limited personal sales of fish or shellfish as used in TTC 8.05.180.

(6) The Fish and Wildlife Director shall keep the Board of Directors and the Fish Commission informed as to all developments in the fishery, and may propose Board action when and where appropriate.

(7) Violation of Fishing Regulations Prohibited. Fishermen are required to adhere to the requirements contained in all fishing regulations and permits issued by the Fish and Wildlife Department. Any violation of fishing regulations or permit requirements which is not otherwise prohibited by the specific offenses listed in this chapter shall be cited under this section as “violation of fishing regulations.”

(8) All fishermen have an obligation to be aware of fishing regulations applicable to their fishing activities. Fishermen may check current regulations at the Fisheries offices or marina, and emergency regulations will also be available on the Fisheries Nixle Text Message. Lack of notice shall not be a defense to any charge of violating fishing regulations if the regulation at issue was available at the Fisheries Department, marina or on the Fisheries Nixle Text Message. [Res. 2020-452].

8.05.130 Adoption of regulations.

(1) In adopting regulations, the Fish and Wildlife Director shall consider any recommendations provided by the Fish Commission.

(2) The regulations regarding specific anadromous salmonid species shall be adopted in accordance with the approved procedures in United States v. Washington, 384 F. Supp. 312 (W.D. Wash., 1974); provided, however, that formal adoption of regulations for any particular run of fish may be deferred until such times as the Fish and Wildlife Director has adequate run strength information.

(a) The Fish and Wildlife Director and Fish Commission are hereby authorized and directed to adopt such regulatory measures necessary for the Tulalip Tribes to establish and maintain eligibility for self-regulation under U.S. v. Washington.

(3) All regulations by the Fish and Wildlife Director shall be effective on promulgation by the Fish and Wildlife Director until either altered by the Tulalip Board of Directors or otherwise revoked, expired by its own terms, or otherwise superseded.

(4) Fishing regulations shall be communicated to other affected management entities as required by applicable orders of the U.S. v. Washington court or any other court of competent jurisdiction. [Res. 2020-452].

8.05.140 Emergency regulations.

(1) The Fish and Wildlife Director shall have the authority to make emergency changes in the annual promulgated regulations when deemed necessary to ensure proper management of the fisheries resource. This includes the power to close a Tribal fishery when, in the Fish and Wildlife Director’s judgment, said closure is necessary to meet conservation needs, safety concerns or allocation obligations.

(2) Emergency regulations shall be effective upon their issuance or according to their terms and shall remain effective until modified, expired, or rescinded by the Fish and Wildlife Director or the Tulalip Board of Directors. All actions of the Fish and Wildlife Director shall remain in effect and shall be enforceable unless specifically modified or rescinded by the Tulalip Board of Directors. No penalty shall be imposed for violations of an emergency regulation unless 24 hours have passed since the issuance of the emergency regulation, or unless the fisherman has been given personal notification of the regulation, whichever occurs first.

(3) All emergency regulations shall be posted at the Fisheries Department office, and the Tulalip marina, and announced on the Fisheries Department telephone hotline and Fisheries Nixle Text Message. Fisheries Patrol may also communicate emergency regulations directly to fishermen. [Res. 2020-452].

8.05.150 Openings and closures.

(1) Specific Closure. The Tulalip Indian Reservation and all waters off the Reservation fished by the Tulalip Tribes, and all types and methods of fisheries therein, are closed to the taking of all species of fish and shellfish unless and until specifically opened by regulations promulgated hereunder. In the event a boat is engaged in a violation of any of the following prohibited activities, all persons on the boat shall be deemed to be in violation:

(a) Fishing during a conservation closure, management closure, or allocation closure.

(b) Deploying fishing gear during a lawful opening that extends beyond the open area boundary, or failure to completely retrieve gear prior to an area closing time.

(2) Usual and Accustomed. Fisheries activities under this chapter and Tribal fishing regulations promulgated hereunder are geographically limited to the Tribal usual and accustomed grounds and stations and as allowed and/or recognized by United States v. Washington, supra. Additional fishing regulations may be promulgated for those fishing areas/catch reporting districts into which the Tulalip Tribes has been invited in accordance with the established procedures in United States v. Washington, supra.

(3) Prohibitions – Fishing Under Non-Tulalip Licenses. No person otherwise authorized to fish under this chapter shall fish for commercial purposes anywhere within the Treaty of Point Elliott usual and accustomed fishing areas if such fishing is carried out under the authority of any jurisdiction other than the Tulalip Tribes, or pursuant to a State or non-Tulalip commercial fishing or harvest license.

(a) Notwithstanding this subsection (3), Tulalip Tribal members shall be authorized to assist on boats validly licensed by other Point Elliott Tribes in places and times when that other tribe has opened fishing. Such assistance must be in conformance with the regulations of the other Point Elliott tribe and with the knowledge of the appropriate fisheries management officials of that other tribe.

(4) Prohibitions – Fishing with Nonauthorized Fishing Vessel. Only Tulalip authorized fishing vessels, as defined above, may be used in commercial fisheries opened under the jurisdiction of the Tulalip Tribes. Fishing with a nonauthorized fishing vessel shall be a violation of this chapter equivalent to fishing in closed waters.

(a) Skiffs and other small boats used in conjunction with set net fishing are required to be licensed by the Tulalip Tribes and on the list of Tulalip authorized fishing vessels. [Res. 2020-452].

8.05.160 Fishing areas/catch reporting districts.

Fishing areas/catch reporting districts shall be defined for reference in annual and emergency regulations by the Fish and Wildlife Director subject to the review of the Tulalip Board of Directors and the Fish Commission. [Res. 2020-452].

8.05.170 Power to delegate management of in-common fishery.

The Tulalip Board of Directors shall have the power to delegate, by resolution, the power to manage fishing areas the Tulalip Tribes has in common with other Tribes to treaty councils and other intertribal organizations when it deems such delegation in the best interests of the Tulalip Tribes and the power to negotiate in-common regulations with other Tribes in areas they share in common. [Res. 2020-452].

8.05.180 Fish tax and licensing of fish buyers and dealers.

(1) Tax on Fish Sold Commercially. There shall be a Tribal fish tax imposed on each sale of fish and/or shellfish by anyone exercising commercial fishing rights under the authority of this chapter. The tax shall be measured by the gross sales price of each sale of fish and/or shellfish. The amount of tax shall be as set by the Fish Commission on the gross amount of each sale as established annually or at the previous year’s rate if no new rate is set. The funds raised by the Tribal fish tax shall be used in the Tribal Fisheries Program, and for such other Tribal purposes deemed necessary and appropriate by the Tulalip Fish Commission in their discretion.

(a) The Fish and Wildlife Director may authorize a fish buyer to withhold the Tribal fish tax at the time of each sale of fish and/or shellfish. A list of buyers so authorized shall be kept available in the Tribal office. The Fish and Wildlife Director may also develop permit and contract procedures to regulate fish buyers, subject to review by the Tulalip Fish Commission. Any fish buyer withholding the Tribal fish tax shall remit the amount withheld to the Tulalip Tribes on a regular basis as prearranged with the Fish and Wildlife Director, but not later than 30 days after the sale. Each payment shall be verified against the fish tickets for the sales involved. The fish buyer shall be issued a receipt for the amount of tax remitted. Authorized fish buyers who fail to remit Tribal taxes as required shall be removed from the list of authorized buyers. Fishermen shall be promptly notified of any change in the list of authorized buyers.

(b) If an authorized fish buyer does not withhold the Tribal fish tax at the time of sale, the Tribal fisherman remains liable for payment of the tax to the Tribes. The Fish and Wildlife Director, or his delegate, shall monthly compute the amount of tax owed by each Tribal fisherman and shall notify each fisherman in writing of the amount of tax due from him or her. Failure to make full payment of the amount due within 30 days from the receipt of the written notice of taxes due shall result in the matter being referred to Tulalip law enforcement as an offense subject to applicable monetary penalties for failing to pay fish tax.

(2) Tulalip Fish Dealers and Buyers. The Fish and Wildlife Director may license any person or entity wishing to purchase fish for resale from a Tulalip fisherman fishing pursuant to the treaty right upon application containing information required by the Fish and Wildlife Director. Individuals will be identified as either a dealer, who may resell fish purchased from fishermen, or a buyer, who may purchase fish from fishermen on behalf of a dealer. Persons so licensed by the Tulalip Tribes will be collectively known as Tulalip licensed fish buyers.

(3) Obligations of Tulalip Licensed Fish Dealers and Buyers. Tulalip licensed fish dealers and/or buyers are required to:

(a) Dealer/Buyer Permits. Tulalip licensed fish buyers must possess a current permit, issued by the Tulalip Fisheries Department, which will be valid from the date of issuance through the next March 31st. A fee for this permit may be established by the Fish Commission. Reissuance of a Tulalip fish buyer permit may be conditioned upon prompt filing of reports as may be required by the Director and the faithful observance of all applicable provisions of this chapter.

(b) Fish Buyer Bond Requirements. A bond may be required to be posted by fish buyers as a condition to being licensed under this chapter. If the buyer or buyer’s current or prior company has no history of tax delinquencies or NSF checks issued to fisherman sellers, then the amount of the bond shall be a maximum of $5,000. If the buyer has been in good standing without delinquent payments for two or more years, a bond may not be required in order to obtain a buyers license. In cases in which there has been a history of multi- month or repeated delinquent payment of taxes or issuance of NSF checks, the buyer shall be required to post a bond in an amount up to $20,000 in order to obtain a license. The amount of the bond may be raised by the Fisheries Director if past delinquencies exceeded $20,000. Failure to pay taxes and surcharges when due, or the issuance of NSF checks to Tulalip fisherman, shall be grounds for revocation or suspension of a buyer’s license. No buyer shall be issued a license until the balance owing from the previous year is cleared or an agreement on clearing up the balance owing from the previous year has been reached between the buyer and the Fisheries Director, and the required bond is posted. On a case-by-case basis, the Fisheries Director may approve alternative forms of security to satisfy the bonding requirement, such as posting other forms of collateral. Proceeds from bonds posted under this section shall first be available to the Tulalip Tribes to satisfy delinquent taxes, then to cover any amounts owed fisherman due to NSF checks.

(c) Buyers must (i) withhold the appropriate Tulalip fish tax imposed on fish sellers from gross receipts and remit to the Tulalip Fisheries Department within 30 days of withholding, and (ii) remit returns and payment of all fish buyers tax due within 30 days of the taxable landing. Any tax not paid when due will be subject to additional penalties equal to 10 percent of the amount delinquent compounded monthly for each month or portion thereof for which the buyer is delinquent.

(d) Buyers must completely and accurately fill out a treaty Indian fish receiving ticket for each purchase of fish and shellfish. All carbons of the fish ticket, except the dealer’s copy, must be received in the Tulalip Fisheries office within one day of fish purchase, or all carbons, except the dealer’s copy, may be mailed to the Northwest Indian Fisheries Commission, within one day of fish purchase.

(e) Dealers and buyers will agree to be subject to the jurisdiction of the Tulalip Tribal Court system in any action arising from or concerning the regulations pertaining to Tulalip fish buyers.

(f) Dealers and buyers will prominently display any emblem, decal, or other identifier that may be issued by the Tulalip Fish Department.

(g) Dealers and buyers will be subject to an administrative fee of $50.00 for each of the incorrectly filled-in treaty Indian fish receiving tickets, or tickets not presented in a timely manner as required, each year. Failure to record fish bought on fish tickets or knowing falsification of fish ticket catch amounts is prohibited and may subject the person falsifying such records to criminal penalties under this code.

(h) Issuance of a Tulalip dealer’s or buyer’s license in any year will be conditioned upon payment of all withheld fish taxes, payment of fish buyers taxes, license fees, interest, and administrative fees imposed pursuant to this chapter from a previous year.

(i) Tulalip licensed buyers are not authorized to engage in retail sales of fish purchased under their Tulalip buyer’s license to the public within the boundaries of the Tulalip Indian Reservation.

(j) The Fish and Wildlife Director may revoke a Tulalip dealer’s or buyer’s license for cause. Any revocation must be preceded by a written warning, delivered to the licensed dealer or buyer. The warning must state the violation of rules or procedures which has occurred and the means by which the problem can be corrected. The buyer will be given at least 10 days to correct the problem. If appropriate corrective action is not taken, or if a similar violation occurs again, the dealer’s or buyer’s license may be revoked upon written notice by the Fisheries Department.

(3) Tax on Fish Buyers.

(a) In addition to the fish tax imposed pursuant to this section, there is hereby imposed a tax on all fish buyers transacting business on lands and waters of the Tulalip Reservation at the following rates:

(i) Chinook, coho and chum salmon, and steelhead, or eggs of any of these species: 5.62 percent.

(ii) Pink and sockeye salmon, or eggs of any of these species: 3.37 percent.

(iii) Other food fish and shellfish, except sea urchins and sea cucumbers: 2.25 percent.

(iv) Sea urchins and sea cucumbers: 4.92 percent.

(b) The fish buyers tax shall be equal to the gross purchase price of the fish at time of landing multiplied by the tax percentage rate. The gross purchase price for purpose of calculating the fish buyers tax shall not be adjusted based on any withholding of the fish tax from the seller under subsection (1) of this section.

(c) The tax shall be levied and collected from the first owner possessing the food fish after landing of the food fish on any lands or waters of the Tulalip Reservation. “Possession” means the control of food fish by the owner and includes actual or constructive possession. “Constructive possession” occurs when a person has legal ownership but not actual possession of the food fish. “Landing” is the act of physically transferring food fish to a fish buyer, or other person or entity acting on behalf of the fish buyer who takes possession of the fish on the Tulalip Reservation.

(d) The funds raised by the fish buyers tax shall be used in the Tribal Fisheries Program for fisheries management, regulation, enhancement, or such other fishery or treaty rights related purposes as determined by the Board of Directors in their discretion.

(e) Payment of Tax Remittance Returns. The taxes levied by this section shall be due for payment monthly and remittance thereof shall be made within 30 days following the taxable landing of fish. The taxpayer may remit returns and payment within the remittance of the fish tax withheld from fish sellers under subsection (1) of this section. On or before the due date, the taxpayer shall make out a signed return setting out information required by the Fish and Wildlife Director, including the gross measure of the tax and the amount due. The fish buyer shall be prohibited from passing the fish buyers tax to the treaty fish seller by adjusting the price or deducting the amount of the fish buyers tax from the price paid to the treaty fish seller.

(4) Violations for Unlicensed Purchasing or Selling.

(a) It shall be unlawful for any person or entity not licensed as a fish buyer by the Tulalip Tribes to purchase fish from Tulalip fishermen fishing pursuant to a treaty right.

(b) It shall be unlawful for any Tulalip fisherman to sell fish to any fish buyer who is not licensed by the Tulalip Tribes.

(c) Exception. Limited personal sales are allowed. A tribal fisher may engage in limited personal sales, as defined by regulation, of fish and crab to persons other than licensed fish buyers so long as the fish and crab were lawfully obtained and the fisher properly completes a fish ticket and reports the sale. This limited exception for small sales of fish and crab does not apply to molluscan bivalve shellfish (such as clams, oysters, geoduck and mussels). No personal sales to unlicensed buyers or entities of these shellfish are allowed. [Res. 2020-452].

Article II. General Fishing Provisions

8.05.190 Manner of fishing.

(1) All set nets shall be picked at least once every 12-hour period or at a shorter interval if specified in the annual general regulation. All marine drift and skiff nets must be attended by the fisherman at all times, except for those periods of time necessary for attendance of the fisherman at a bona fide emergency. Marine gillnets and marine skiff gillnets shall not exceed the maximum overall length established in the annual Tribal fishing regulations.

(2) All nets shall be in compliance with the mesh size, net length, and net depth restrictions specified in applicable provisions of the annual general regulations, preseason regulations, or emergency regulations.

(3) The use of explosives, caustic or lethal chemicals in any form is expressly prohibited to kill fish; provided, that this prohibition shall not apply to sea lion control or other animal control when done in compliance with Federal law including any Federal permit requirement. The use of any method of disabling or capturing fish not expressly defined in TTC 8.05.030 is prohibited, except as may be required for the purpose of biological research and management as provided for in TTC 8.05.060.

(4) Gillnets shall have a visible light at the extreme end of the net and attached to same, and all boats must be properly lighted in conformity with Coast Guard or Tribal regulations for similar crafts in similar waters.

(5) Skiff gillnet boats, fishing in marine waters, must have at least two persons currently eligible to fish under Tulalip fishing regulations aboard at all times while engaging in fishing operations after dark. Skiff gillnets shall be defined for reference in annual general regulations. [Res. 2020-452].

8.05.200 Ceremonial fishing.

Only enrolled members of the Tulalip Tribes shall have the right to exercise ceremonial fishing rights. [Res. 2020-452].

8.05.210 River fishing – Limitations.

River fishing sites shall be assigned as determined by the Fish and Wildlife Director after the review and approval of the scheme by the Tulalip Fish Commission. [Res. 2020-452].

8.05.220 Purse seining.

No person shall exercise Tulalip Tribal treaty fishing rights with purse-seine boat and/or gear in Areas 8A and 8D. Purse seining is permissible in any other Tulalip management area, unless otherwise provided by Tribal regulations. [Res. 2020-452].

8.05.230 Test fishing.

Test fishing is permitted under the following conditions:

(1) Decision to Conduct Test Fishery. The Fish and Wildlife Director, with the advice and consent of the Fish Commission of the Tulalip Tribes, shall have the power to authorize a test fishery when in his or her opinion such a fishery is justified. The Fish and Wildlife Director shall determine the type and amount of gear appropriate to collect the necessary data sought to be used in, and the time period and fishing area for, the test fishery. There shall be no test fishery other than as directed by the Fish and Wildlife Director as provided herein or by the Tulalip Fish Commission. Other affected management entities shall be given any notice of proposed test fisheries required by applicable orders of the U.S. v. Washington court or any other court of competent jurisdiction.

(2) Selection of Participant in Test Fishery. In order to participate in a test fishery, a fisherman must meet the following requirements:

(a) The fisherman must be an enrolled member of the Tulalip Tribes who holds a valid Tulalip identification card or a biologist employed by the Tulalip Tribes authorized to take and possess fish and shellfish for scientific management and/or enhancement purposes. The fisherman must be familiar with both gear type and the area for which the test fishery had been designated.

(b) The fisherman must agree to record and provide to the Fish and Wildlife Director all the information regarding the test fishery requested by the Fish and Wildlife Director.

(c) Only Tulalip authorized fishing vessels, as defined above, or vessels owned by the Tulalip Tribes, may be used in test fishery.

(d) The fishing gear used in the test fishery must meet all safety equipment standards and other requirements for similar gear used in the Tribes’ commercial fishery.

(e) In the event more than the number of eligible fishermen necessary for the test fishery are interested in participating in said test fishery, the participants shall be chosen by a random drawing conducted by the Fish and Wildlife Director.

(3) Responsibilities of Test Fishermen.

(a) Test fishermen shall report all information requested by the Fish and Wildlife Director to the Fish and Wildlife Director on a daily basis. Failure to report on a daily basis constitutes withdrawal from the test fishery programs. Such a withdrawal shall date from the time of the report immediately preceding the receipt of the information.

(b) The Fish and Wildlife Director shall elect either of the following compensatory schemes for the test fisherman prior to the initiation or commencement of any test fishery, to wit: (i) sale by the particular test fisherman, in which instance the fish tax is hereby made applicable to the sale, or (ii) the fish may be delivered to the Fish and Wildlife Director, in which instance the test fisherman shall receive a flat rate for his participation in the test fishery at such rate previously established by the Fish and Wildlife Director with the advice and consent of the Fish Commission.

(4) Failure to Comply – Withdrawal. Failure to comply with any of the provisions of subsection (3) of this section shall constitute immediate withdrawal from the test fishing program. Any fisherman fishing subsequent to withdrawal from the test fishery shall not be covered by the test fishing regulations and shall be subject to the fishing regulations of the Tribes and regulations properly adopted by the Fish and Wildlife Director or Fish Commission.

(5) Records to Be Kept. The Fish and Wildlife Director shall maintain permanent records of all data collected in the test fisheries. [Res. 2020-452].

8.05.240 Sale of fish – Completion of fish tickets – Responsibility of fishermen/fisherwomen sellers – Sale of subsistence or ceremonial catch prohibited.

(1) Responsibility of Sellers.

(a) It is the responsibility of each fisherman and boat owner at the time of each sale to be sure that the fish ticket is filled out completely and accurately.

(b) Knowingly selling fish without ensuring fish tickets are filled out to accurately account for fish sold, or knowingly falsifying fish ticket catch numbers, is prohibited and subject to additional penalties provided in this chapter.

(c) A Tribal fisher who engages in personal sales, as defined by regulation, of fish and crab to a person or entity other than fish buyers licensed by the Tulalip Tribes is also required to complete a fish ticket.

(2) Sale of fish caught for subsistence or ceremonial purposes is prohibited.

(3) The retention, possession, selling or buying of female or undersized crabs is prohibited and will subject the violator to penalties provided in this chapter. This violation shall be assessed per crab. [Res. 2020-452].

8.05.250 Vessel ownership requirements – Prohibited agreements.

(1) No eligible Tribal fisherman shall exercise Tribal fishing rights on any vessel which is not either owned by the fisherman, a Tulalip Tribal member, a member of another tribe which also has treaty fishing rights in the area being fished, a corporation meeting the qualification as set forth under this chapter or in his or her permitted custody pursuant to an approved contract. In order for a vessel to be registered to fish in a Tulalip treaty fishery, the vessel owner shall provide proof of ownership through vessel title, Coast Guard documentation or other sufficient documentation of ownership that is acceptable Fisheries licensing.

(2) The above-mentioned contract or corporate ownership must be first approved by the Fish and Wildlife Director prior to the use of said boat in the exercise of Tribal fishing rights. Lease/option agreements or lease agreements are prohibited, whether designated as a security interest or otherwise. Each party to the contract shall sign and submit to the Fish and Wildlife Director and Fish Commission a duly notarized affidavit in a form specified by the Fish and Wildlife Director, verifying the nature and terms of the transaction and the accuracy of the attached documentation. All contract documents, including any security agreement, shall be attached, along with any financial records, proof of payment, and other contract-related information requested by the Director and Fish Commission. Ordinarily a bill of sale, along with proof of payment by cashier’s check, shall be required. The affidavits shall specifically state whether or not any lease of the vessel is involved; the share of catch, if any, to be paid the seller; and whether any security interest has been retained. For corporate ownership verification, the chief corporate officer shall sign and submit to the Fish and Wildlife Director and Fish Commission, with supporting documentation attached as requested by the Fish and Wildlife Director and Fish Commission, a duly notarized affidavit stating whether the corporation meets the requirements of TTC 8.05.090(3)(a). The affidavit shall be in a form specified by the Fish and Wildlife Director and Fish Commission. The affidavits required by this chapter shall also verify that the affiants have read and understood the enforcement provisions of this chapter for violation of the lease and corporate ownership prohibitions. The affiant shall provide the name, address, and telephone number of the person authorized to accept service of any process on the affiant in the event an enforcement action becomes necessary. In such affidavit, nonmembers shall acknowledge that, by virtue of the vessel transaction and/or approval of vessel use in the Tribal fishery, they have submitted themselves and the vessel to the jurisdiction of the Tribes and its Court and have become subject to Tribal service of process within or outside the Reservation. All affidavits shall recite that the statements made therein are made under oath with the intent that they be relied upon as sworn statements and that a false statement is punishable under State law, Chapter 9A.72 RCW, as well as subject to Tribal enforcement measures. The Fish and Wildlife Director and Fish Commission shall specifically examine the contract terms, corporate documents and all other items and materials deemed relevant, together with the expertise of the Tribal fisherman buying the vessel or his legal interest in the corporation, to determine whether, under the particular circumstances in question, the contract terms can be met. No contract shall be approved if, in the determination of Fish and Wildlife Director and Fish Commission, the seller is to receive a disproportionate share of the proceeds of the catch.

(3) No such contract shall be approved unless it first incorporates a special provision or rider executed by the seller, purchaser, and the Tulalip Tribes allowing the Tulalip Tribes in the event of the purchaser’s default, or in the event the purchaser seeks to voluntarily rescind the contract, to acquire the subject matter of the contract, on the terms specified in a special provision or rider at the Tulalip Tribes’ option.

(a) This provision or rider shall also provide that prior to the seller’s exercising any remedies on purchaser’s default, the seller shall have given the Tulalip Tribes 60 days after the Tulalip Tribes receives written notice of the default to advise the seller whether it will exercise its option. It shall also provide for written notice to the Tulalip Tribes of the purchaser’s voluntary rescission and 60 days thereafter to decide whether to exercise the option.

(b) The Board of Directors of the Tulalip Tribes is authorized to execute such special provision or rider so long as it provides for optional Tribal acquisition of the subject matter of the contract over a term of not less than five years and an interest rate not in excess of nine percent per annum with payments of principal and interest amortized accordingly, unless different terms are required to reasonably reflect fair market conditions; and provided, furthermore, that the purchaser produces certificate of insurance indicating the purchaser is a loss payee to the extent of his interest in the subject matter of the contract.

(4) If, in the opinion of the Fish and Wildlife Director and Fish Commission, the above-mentioned contracts or corporate make-up meet the criteria established herein, the Fish and Wildlife Director shall approve and acknowledge by signature notation on the contract or the corporate submittals and shall allow said boat to be used in the Tribal fishery. The Fish and Wildlife Director shall not be required to make his decision on whether to approve the contracts or corporate make-up until seven days have expired after all requested documents and information have been submitted to him. The Fish and Wildlife Director shall retain copies of all approved contracts and corporate submittals.

(5) If the Fish and Wildlife Director and Fish Commission determine that said boat is not authorized under this chapter, an aggrieved Tribal fisherman may appeal the ruling to the Tulalip Board of Directors. The decision of the Tulalip Board of Directors shall be final in all cases.

(6) It shall be unlawful for any person to provide false or fraudulent documentation or statements to obtain the Fish and Wildlife Director and Fish Commission’s approval under subsections (2) and/or (3) of this section.

(7) The following requirements are hereby adopted in order to aid in the enforcement of this section and avoid breaches of the peace. Prior to repossessing a vessel from any area subject to the Tulalip Tribes’ jurisdiction, the seller shall have obtained the written consent of the purchaser at the time the repossession is sought. This consent shall be filed with the Fish and Wildlife Director and Fish Commission prior to repossession, along with proof of compliance with subsection (3) of this section. The Fish and Wildlife Director shall acknowledge receipt of the consent and proof of compliance on a copy of the consent, which shall be retained by the seller and exhibited to the Tulalip Tribes upon demand. If the purchaser refuses to sign a written consent, the seller may not repossess the vessel from an area subject to the Tulalip Tribes’ jurisdiction without first obtaining an order from the Tribal Court. An order for repossession may be sought by filing a complaint for repossession, setting forth the grounds for repossession and following the procedures set forth in Chapters 2.10 and 2.15 TTC. In such proceeding, the Tribal Court shall not allow repossession of a vessel leased to a Tribal member, or if any other terms of the agreement, such as fish shares, were undisclosed. Nor shall repossession be allowed if the required notice and opportunity for acquisition have not been provided to the Tulalip Tribes, pursuant to subsection (3) of this section. In the event of a repossession in violation of this chapter, the Tribal purchaser may bring a civil action against the seller in Tribal Court for recovery of the vessel and damages incurred. Relief shall be denied if it is established that the vessel transaction was a lease, or involved undisclosed fish share payment arrangements, or other undisclosed terms, and the member fully understood the true nature of the transaction. The Court procedures provided for in this section shall be deemed within the Tribal Court’s jurisdiction as limited by TTC 2.05.020. [Res. 2020-452].

8.05.260 Littering prohibited.

No person engaged in, or on the way to or from, the exercise of Tribal fishing rights shall discard or otherwise dispose of any litter or other waste material upon any public or private property or in any waters. [Res. 2020-452].

8.05.270 Boating safety.

All boats or other crafts used in exercising Tribal fishing rights shall conform to the current United States Coast Guard safety regulations applicable to similar craft in similar waters, and Tribal safety regulations, including equipment and operation.

(1) Assistance by Fisheries Patrol. Fisheries Patrol Officers and staff are not required to respond to requests for fuel delivery and/or tows in nonemergency situations. Examples of nonemergency situations include but are not limited to running out of gas and nonemergency equipment failure. If staffing and time permits, assistance rendered to a boat by a Fisheries Patrol Officer or staff may be without cost to the assisted boat only two times in a three-year period. On third or subsequent requests for assistance, costs shall be assessed to the operator of the boat at the rate of $10.00/gallon for gas, $100.00 for tows over five miles to the nearest port. Fishery assistance charge rates may also be set by regulation.

(2) Reckless Endangerment. Any person who shall operate a boat or gear or who shall fish in a manner which would endanger themselves or is likely to endanger the person or property of another is guilty of an offense punishable under this chapter.

(3) Serious Marine Incident Reporting. The owner or operator of a Tulalip licensed treaty fishing vessel is required to report any serious marine incident to Tulalip Fisheries Enforcement. A “serious marine incident” means any licensed fishing vessel incident involving:

(a) Casualties.

(b) Loss of a vessel.

(c) An injury to any person which involves an injury that requires professional medical care, beyond routine first aid, and that, in the case of injury to an operator, fisher, diver or crew, renders the person unfit to perform normal duties.

(d) Property damage over $25,000.

(e) A spill of oil or fuel over 500 gallons.

In addition, enforcement may deem an incident a serious marine incident if enforcement finds grounds for citing the operator, crew or fisher with reckless endangerment.

The operator of a vessel involved in a serious marine incident shall report the incident to Fisheries Enforcement within two hours of the incident. Failure to report a serious marine incident shall be a violation subjecting the operator to a 12-month suspension of their fishing license privileges.

(4) Serious Marine Incident Drug and Alcohol Testing. Following a serious marine incident, and after medical and safety concerns are addressed, the boat operator and all crew shall immediately or as soon as practicable, report to Tulalip Enforcement for drug and alcohol testing. Testing may be done by Tulalip Enforcement or designated testing personnel or laboratories. Following a serious marine incident any individuals who refuse to take the tests called for in this policy, or who test positive on any drug test, or who register an alcohol concentration of 0.04 or higher, shall automatically lose their license or permits for treaty fishing for 12 months. The license or permits may be suspended for a longer term depending on the severity of the accident and the totality of the circumstances. The Fish and Wildlife Director shall have authority to suspend or revoke treaty fishing licenses under this section. The drug testing guidelines applicable to divers found in TTC 8.05.090(7) may be applied to testing under this section. The appeal process in TTC 8.05.090(7)(h) shall be available to any individual whose license is suspended in relation to the drug and alcohol testing required under this section. [Res. 2020-452].

8.05.280 Identification of persons fishing.

Any person required by this chapter to obtain a card and/or permit shall produce for examination the applicable identification cards and fishing permits upon demand of a Tribal Fisheries Patrol Officer, or of State and/or Federal law enforcement officials. Failure to produce the required forms of identification shall be probable cause to believe that such person has no right to exercise Tribal fishing rights. [Res. 2020-452].

8.05.290 Protection of treaty fishing from interference by marine mammals.

(1) This section is intended to implement the Tribes’ right of taking fish under the Treaty of Point Elliott, which includes the right to defend fishing gear and catch from interference by marine mammals. Consistent with Congress’s determination that nothing in the Marine Mammal Protection Act (MMPA) “alters or is intended to alter any treaty between the United States and one or more Indian tribes,” Pub. L. No. 103-238, Section 14, 108 Stat. 532, 558 (1994), this section describes those circumstances identified by the Tribes under which the incidental take of marine mammals by Tribal members exercising treaty reserved fishing rights and certain identified Tribal fisheries enforcement and management professionals is authorized. This section also establishes a framework for government-to-government coordination between the Tribes and the National Oceanic and Atmospheric Administration (NOAA) regarding the incidental take of marine mammals in treaty fishing operations. The Tribes and NOAA will share information intended to improve science-based management of marine mammals and facilitate Tribal enforcement of this section and NOAA enforcement of the MMPA and its implementing regulations.

(2) Definitions.

(a) “Take” means to harass, hunt, capture, collect, or kill, or attempt to harass, hunt, capture, collect, or kill a marine mammal.

(b) “Incidental take” means the taking of a marine mammal in the course of treaty fishing operations (i) because it is directly interfering with fishing operations, or (ii) as a consequence of the steps used to secure the fish in connection with fishing operations.

(c) “Marine mammal” means any marine mammal that is not depleted (as defined in the MMPA) or listed under the Federal Endangered Species Act.

(d) “Tribal fisheries enforcement and management professional” means a person authorized by the Tribes to enforce or manage the Tribes’ treaty right to take fish.

(e) “Tribal treaty fisher” means a person authorized by the Tribes to exercise the Tribes’ treaty fishing rights.

(3) Incidental Take Authorized. A Tribal treaty fisher and Tribal fisheries enforcement and management professional may incidentally take a marine mammal, under the circumstances specified below, when exercising, enforcing or managing the Tribes’ treaty right to fish.

(4) Incidental Take of a Marine Mammal Interfering with Treaty-Reserved Fishing – Preventing Interference.

(a) Preventing Interference – Nonlethal Acts. A Tribal treaty fisher or Tribal fisheries enforcement and management professional may incidentally take a marine mammal by deterring it from damaging catch, deployed fishing gear or from direct interference with salmon returning into confined hatchery facilities, so long as such acts of deterrence are not intended to result in the death of or serious injury to the marine mammal. Potential nonlethal deterrence methods will include those set forth in the NOAA Fisheries Guidance, or such other measures as may be added to this provision after consultation with NOAA.

(b) Preventing Interference – Lethal Acts. A Tribal treaty fisher or Tribal fisheries enforcement and management professional, after attempting nonlethal steps to deter a California sea lion, harbor seal or other marine mammal, from damaging catch or deployed fishing gear, may incidentally take the marine mammal by lethal means consistent with subsection (4)(c) of this section.

(c) Public Safety. Tribal treaty fishers and Tribal fisheries enforcement and management professionals shall ensure that any methods used to prevent a marine mammal from interfering with their fishing operations will not create an imminent risk to public safety.

(5) Incidental Take of a Marine Mammal as a Consequence of Steps Used to Secure Fish. A Tribal treaty fisher may incidentally take a marine mammal as a consequence of the steps used to secure fish in connection with treaty fishing operations. Such incidental take includes but is not limited to entanglement of a marine mammal in fishing gear.

(6) Self-Defense. A Tribal treaty fisher or a Tribal fisheries enforcement and management professional may incidentally take by nonlethal or lethal means a marine mammal if such take is imminently necessary in self-defense or a life-threatening situation.

(7) Reporting Incidents and Delivery of Marine Mammals. Any person and the owner or operator of a Tribal fishing vessel (where applicable) shall report all incidents which occur under any provision of this chapter and all incidental mortality and injury to marine mammals to the Tulalip Fish and Wildlife Department within 48 hours of the incident, and in the case of an incident occurring within the course of commercial fishing operations, to the Tulalip Fish and Wildlife Department within 48 hours of the end of each fishing trip on which such an incident occurs, or within 48 hours of such incident, whichever occurs last. An incident includes deterrence, taking, killing, or injury of a marine mammal.

(8) Delivery of Carcass. The carcass of any marine mammal killed pursuant to this section shall be detained if reasonably possible and given over to the Tulalip Fish and Wildlife Department as soon as possible.

(a) The Tribes’ Fish and Wildlife Department shall provide on an annual basis a summary report to NOAA Fisheries regarding aggregate incidental takes of marine mammals by Tribal treaty fishers or Tribal fish and wildlife enforcement and management professionals, including number of marine mammals taken, species, location (e.g., catch area), fishery gear type and target species (e.g., salmon troll, salmon drift gillnet, groundfish trawl), and disposition (mortality or serious injury). Individual fisher and vessel anonymity shall be maintained.

(b) To facilitate Tribal enforcement of this section and NOAA enforcement of the MMPA and its implementing regulations, the Tribes shall coordinate with NOAA Office of Law Enforcement and share information relevant to such enforcement, including Tribal fishing regulations establishing open seasons and areas, this marine mammal law and contact information for the Tribes’ Fisheries Department and Fisheries Enforcement Office. Upon request, the Tribes shall share with NOAA Office of Law Enforcement relevant information it has obtained from any reports submitted pursuant to subsection (7) of this section regarding the incidental take of a marine mammal by a Tribal treaty fisher or Tribal fish and wildlife enforcement and management professional. The Tribes shall also share information regarding and the disposition of any incident involving incidental take referred to the Tribes for investigation, including the outcome of any prosecution arising from the incident.

(9) Penalties. The killing or the causing of serious injury to any marine mammal in a manner that does not comply with the provisions of this section, or the provisions of TTC 8.10.080, shall be a violation of TTC 8.10.080 and shall subject the violator to the penalties stated therein. The failure to report a marine mammal mortality as required by subsection (7) of this section shall also constitute a violation of this section.

(10) Reservation of Rights. By adopting this section as Tribal law, the Tribes is not waiving any right, claim, defense or other legal entitlement regarding the Tribes’ treaty fishing right or other rights held by the Tribes, nor is it intending to define or interpret the scope of its treaty right to take marine mammals. [Res. 2020-452].

Article III. Enforcement

8.05.300 Fisheries Patrol Officer.

(1) The Tulalip Tribes shall appoint one or more qualified persons to serve as Fisheries Patrol Officers. Fisheries Patrol Officers may undertake other enforcement duties, such as wildlife and land use enforcement, when properly authorized through the chain of command.

(2) The Fisheries Patrol Officers shall have the authority to enforce the provisions of this chapter, all emergency and annual regulations promulgated hereunder, and ordinances and regulations properly adopted by the Tulalip Board of Directors. Fisheries Patrol Officers shall have and exercise such police powers as are vested in Tulalip Police Officers generally, and shall be required to complete training required of all Tulalip Police Officers. The Fisheries Patrol Officers shall regularly patrol the Tulalip Tribes usual and accustomed fishing grounds and stations and the Reservation fishing area. [Res. 2020-452].

8.05.310 Cross-deputization.

Notwithstanding any provision of this chapter, the Board of Directors may enter into an agreement with another tribe, State, Federal or County government(s) providing for the cross-deputization of Fisheries Patrol and/or law enforcement officers; provided, that any such agreement provides that the person so cross-deputized releases the Tulalip Tribes of responsibility for any injury which may befall his person and/or property in the performance of his duties thereunder, and furthermore agrees to indemnify and hold Tulalip Tribes harmless from any suits brought against the Tulalip Tribes or its agents, employees, officers, and/or members arising out of the conduct of said person so cross-deputized in the performance of his duties hereunder. [Res. 2020-452].

8.05.320 Arrest.

Fisheries Patrol Officers shall have the authority to arrest any person purporting to exercise Tribal fishing rights who is in violation of the criminal provisions of this chapter; provided no Fisheries Patrol Officer shall arrest any person for said violation except when:

(1) The officer has probable cause to believe the arrested person has committed the alleged offense; or

(2) The officer has a warrant signed by a Tribal Judge commanding the arrest of such person or knows as a certainty that such warrant has been issued.

All arrests shall be in conformity with arrest procedures contained in TTC 2.25.040. Fishery Patrol Officers may, in lieu of a custodial arrest, issue a criminal citation requiring the alleged violator to appear in Tribal Court at a designated time and on a designated date. [Res. 2020-452].

8.05.330 Inspection without a warrant.

Fisheries Patrol Officers may conduct routine administrative inspections without a warrant and at reasonable times in a reasonable manner:

(1) Containers, fishing vessels, fishing equipment, fish, seaweed, shellfish and wildlife of any fish buyer or dealer; and

(2) Records required under this chapter of any fish buyer or dealer; and

(3) Containers, fishing equipment, fish, seaweed, shellfish and wildlife of any person trafficking or otherwise distributing or receiving fish, shellfish, or wildlife; and

(4) Records required under this chapter of any person trafficking or otherwise distributing or receiving fish, shellfish, or wildlife. [Res. 2020-452].

8.05.340 Searches with or without a warrant.

(1) Searches Without a Warrant. A Fisheries Patrol Officer may search without warrant any gear, vehicle, boat, conveyances, containers, packages or other receptacles capable of holding fish, seaweed, shellfish and wildlife or any place which he or she has probable cause to believe contains evidence of violations of law or regulations adopted or permits issued pursuant to this chapter.

(2) Searches With a Warrant. The Tribal Court may issue a search warrant and direct a search to be made in any place described in the warrant upon finding probable cause, based on a law enforcement affidavit, that evidence of a crime under this chapter and/or regulations adopted hereunder exists in the place(s) to be searched. Such warrants shall be issued pursuant to the criminal rules of the Tulalip Tribal Court. [Res. 2020-452].

8.05.350 Seizure of fish and/or gear and evidence.

(1) A Fisheries Patrol Officer may seize fish and/or gear as authorized under this chapter and all evidence which the officer has reasonable grounds to believe is evidence of a violation of law or regulations adopted pursuant to this chapter.

(a) Seizures for Fishing in Closed Waters and Trafficking. If the violation is fishing in closed waters and/or trafficking, a Fisheries Patrol Officer may, in addition to seizing fish, seize any gear or conveyance used or intended to be used to facilitate a violation of this subsection, or to transport illegally harvested fish; provided, gear and conveyance will not be subject to seizure if a fisherman notifies the Fish and Wildlife Director prior to the close of a lawful opening that, due to mechanical problems, weather or circumstances beyond the fisherman’s control, he or she is unable to retrieve gear in a timely manner, and the fisherman receives prior approval from the Director and/or designee for an additional period to retrieve gear, not to exceed 48 hours.

(b) Seizures for Other Violations. For violations other than fishing in closed waters, fish may be seized, but gear and conveyances may only be seized under this chapter where specifically authorized.

(2) No Retention. In all cases, fish caught by gear deployed after the close of a fishery shall not be retained by the fisherman. The fish shall either be released, if alive, or confiscated by Fisheries Patrol.

(3) Inventory. A Fisheries Patrol Officer who has seized property pursuant to this section shall provide to the party from which the property was seized a written inventory of all items seized which shall be signed by the Patrol Officer.

(4) Sale of Fish. The seizing authority shall, as soon as possible, sell all fish seized from the alleged violator. The fish shall be sold at the nearest market at the then-prevailing price of the market selected or donated to official Tulalip elder programs or events, Tulalip funerals or other official Tulalip Tribal-sanctioned events. If fish are sold, all proceeds from the sale shall be immediately deposited in a special account at the Department of Natural Resources. The accused shall receive a copy of the fish ticket when reasonably possible, pursuant to order of the Tribal Court and/or until the 30-day claim period has expired. If fish are donated, an official accounting of the pounds and type of fish donated shall be duly recorded by Fisheries Enforcement and filed with the Fish and Wildlife Director.

(5) Storage. All seized property, other than fish, seized pursuant to this chapter shall, as soon as practicable, be stored in such a manner as to minimize further damage to it and shall be held at the owner’s risk until claimed or the 30-day claim period has expired.

(6) If illegally caught fish are not seized by the Fisheries Patrol Officer, the violator of the fishing regulations may, upon conviction, be required to pay the full value of the illegally harvested fish, minus any fish tax already collected, to the Tulalip Tribes, which shall be deposited in a special account at the Department of Natural Resources, in addition to the penalty for a fishing violation. [Res. 2020-452].

8.05.360 Administrative disposition of seized gear.

(1) Administrative Gear Forfeiture. Within 15 days following seizure, the seizing authority shall serve a written notice of intent to forfeit gear on the owner of the property seized and on any person having any known right or interest in the property seized. The notice shall describe the property seized and shall inform claimants that they have 30 days in which to make a claim or the property shall be automatically forfeited. Notice may be by personal service, certified mail, or when the owner is not known, by publication in the See-Yaht-Sub and posting at the Fisheries office. The date of service of notice shall be the date of personal service, or in the case of mailing, two days after the date of mailing, and in the case of publication, the date of publication.

(2) Right to Request Return of Gear. Any person whose gear is seized pursuant to this chapter shall have the right to make a written claim by delivering such claim to the Fish and Wildlife Director for return of their gear within 30 days of service of notice of intent to administratively forfeit. If the seizing authority has complied with the notice requirements and there is no claim made within 30 days, then the property shall be deemed automatically forfeited to the Tulalip Tribes.

(3) Contents of Written Claim. Any person with a claim to seized property must timely serve the Fish and Wildlife Director with a statement and information necessary to confirm ownership, such as providing identifying markings. If the person fishing the seized gear is not the owner of the gear, the person fishing the gear must also sign a statement to that effect. If such a statement is signed and there are no competing claims to the property and the property is not subject to forfeiture based on the violation, the property may be returned to the owner at the discretion of the Fish and Wildlife Director. No property shall be returned if the property has been forfeited because a written claim was not provided to the Fish and Wildlife Director within the 30-day claim period.

(4) Acquittal or Dismissal of Charges. In all cases where a timely written claim is served on the Fish and Wildlife Director and the property is not returned prior to hearing, the Tribal Court shall order return of the property (or proceeds from sale of fish) in all cases where the charges that formed the basis of the seizure are dismissed or the alleged perpetrator is acquitted. If the fish were donated, the market rate at the time of violations will be calculated for the monetary reimbursement amount.

(5) Forfeiture by Default. Any person who does not make a claim within 30 days of service or publication of notice of intent to seize property shall have waived any claim to return of the property, and the property shall be deemed forfeited.

(6) Conviction. When a person has been convicted of violating a provision of this chapter, any regulation promulgated pursuant thereto and the penalty for the offense is or includes forfeiture of property in connection with the violation, the Tribal Court shall order forfeiture of property in conformity with the penalty for the particular offense. [Res. 2020-452].

8.05.370 Forfeiture of transportation and/or vessel.

As a remedial civil measure for and where specifically allowed, the Tribes, in addition to other enforcement measures specified in this chapter, may bring an in rem action against a conveyance being used or intended to be used to facilitate violations of this chapter. The seizure, custody and nonsummary forfeiture procedures under Chapter 2.60 TTC shall apply to actions taken under this section. [Res. 2020-452].

8.05.380 Disposition of property forfeited.

In the event the Tribal Court orders forfeiture of any articles seized and/or the proceeds from the sale thereof, said articles and/or proceeds shall be turned over to the Tulalip Tribes Natural Resources Department for the use and benefit of the Tulalip Tribes Natural Resources Department as determined by the Fish Commission. Any items or proceeds not forfeited by order of the Tribal Court shall be returned to the person from whom seized, after the fines, if any, have been paid. The person making the claim may also be required to provide an ownership statement and identifying information as provided for in TTC 8.05.340(2). [Res. 2020-452].

8.05.390 Statute of limitations.

The statute of limitations for enforcement actions under this chapter shall be one year from the date of the alleged violation, except if charges are referred from another jurisdiction, the one year statute of limitations period shall commence from the date of the referral to Tulalip Fisheries Enforcement. [Res. 2020-452].

8.05.400 Failures to appear.

(1) Warrants. A Magistrate or Tribal Court Judge shall issue a bench warrant for failure to appear when a defendant, having received notice of the hearing, fails to appear for any hearing for any criminal offense under this chapter.

(2) Default Judgments. When a respondent or claimant does not appear for a civil hearing, a default judgment will issue against the respondent or claimant. If the respondent or claimant is a Tulalip Tribal member, the fine amount will be ordered to be withheld from their per capita payment. If they are not a Tulalip Tribal member, the judgment will be sent to collections by the Court Clerk. A copy of the judgment shall also be sent by the Court Clerk to the respondent or claimant’s address of record. [Res. 2020-452].

8.05.410 Offenses involving drugs or alcohol.

(1) Under the Influence of Intoxicants or Drugs Prohibited. No person shall exercise or assist in the exercise of Tribal fishing rights or in the exercise of a visitor’s permit while under the influence of alcohol or other intoxicants or drugs.

(2) Possession of a Controlled Substance. No person shall possess a controlled substance, as defined under Chapter 3.55 TTC, while exercising or assisting in the exercise of Tribal fishing rights or in the exercise of a visitor’s permit. [Res. 2020-452].

8.05.420 Obstructing officer.

It shall be unlawful to knowingly obstruct, impair or hinder a Fisheries Patrol Officer or any other officer, employee, or representative of the Tulalip Tribes engaged in the enforcement of this chapter or the regulations promulgated hereunder. [Res. 2020-452].

8.05.430 Possession, interference and theft.

(1) Unauthorized Possession and/or Interference with Fishing Gear. No person may knowingly possess, pull up, retrieve, damage, interfere with or destroy fishing gear owned or registered to another fisherman without written authorization from the owner of the gear.

(2) Unauthorized Fish Retrieval. No person may knowingly remove or release fish from fishing gear owned by another fisherman without written authorization from the owner of the gear.

(3) Theft. No person may knowingly and purposely obtain or exert unauthorized control, including by threat or deception over any fishing gear or equipment of the owner or by obtaining control over stolen fishing gear and/or equipment knowing that gear and/or equipment to have been stolen by another person, and the person:

(a) Has the purpose of depriving the owner of the property;

(b) Uses, conceals, or abandons the property in such a manner as to deprive the owner of the property; or

(c) Uses, conceals, or abandons the property knowing such use, concealment or abandonment probably will deprive the owner of the property. [Res. 2020-452].

8.05.440 Trafficking in unlawfully harvested fish.

It shall be unlawful for a Tulalip fisherman or other person to traffic in fish that was harvested in violation of the requirements of this chapter. Each species trafficked shall constitute a separate violation. [Res. 2020-452].

8.05.450 Penalties.

Violations of this chapter may carry criminal and/or civil penalties. Any person subject to the criminal jurisdiction of the Tulalip Tribes who has been convicted by the Tribal Court of violating any criminal provision of this chapter shall be tried and sentenced to the penalties provided in this chapter in accordance with Tulalip criminal procedures, Chapter 2.25 TTC. Any person subject to the civil jurisdiction of the Tulalip Tribes and is found to have committed a civil infraction shall be assessed applicable civil fines and other civil sanctions in accordance with procedures under this chapter. If a violation is a criminal offense under this code, but the violator is not subject to the criminal jurisdiction of the Tribes, the monetary penalties and other noncriminal sanctions associated with the violation shall be enforceable as civil violations.

(1) Penalties – General.

(a) Descriptions of offenses listed in the penalty schedule are merely references to the actual laws. Refer to this chapter for wording of the laws.

(b) Separate Offenses. For fishing gear limit violations and fishing in closed waters violations, each separate piece of fishing gear used or possessed in excess of regulatory fishing gear limitations or used in an area that is closed for fishing at the time of violation may be considered a separate offense. Any violation that involves exceeding gear limitations shall also result in seizure and forfeiture of all fish in possession, and all gear in excess of the limit.

(c) Penalties for violations which are referred to in the penalty schedule as “Class E” and “Class D” are criminal charges that subject the violator to the following criminal penalties:

(i) Class E.

(A) A fine of $2,500 to $5,000;

(B) Forfeiture of all fish;

(D) A boat operated or fishing gear used in violation of this chapter cannot be used in the exercise of Tulalip Tribes treaty fishing rights for one year; and

(E) Imprisonment for up to 365 days.

(ii) Class D.

(A) A fine of $1,000 to $2,500;

(B) Forfeiture of all fish;

(D) A boat operated or fishing gear used in violation of this chapter cannot be used in the exercise of Tulalip Tribes treaty fishing rights for 180 days; and

(E) Imprisonment for up to 180 days.

(d) All violations not designated as Class E or D shall be designated as fisheries civil infractions carrying monetary fines and other sanctions as stated in the penalty schedule, but not carrying any potential term of imprisonment.

(e) All penalties in the penalty schedule are mandatory, subject to potential reduction by the Tribal Court if the Court finds mitigating circumstances merit a reduction.

(f) The Tribal Court may allow a defendant to pay a fine in installments over a reasonable period of time.

(g) The Tribal Court may order community service hours in lieu of part or all of a fine where there is a showing of hardship or when the interest of justice so requires. Each hour of community service shall reduce the fine by $12.00 per hour, or any approved Tribal government minimum wage amount, whichever is greater.

(h) The Tribal Court may order a defendant to pay Court costs in addition to any penalty ordered.

(i) In addition to any other available remedies for nonpayment of fine, the Tribal Court may also order the imposed fine to be withheld from the defendant’s per capita distribution. If the defendant has more than one obligation to the Tulalip Tribes, the total amount withheld to satisfy those obligations shall not exceed the maximum percentage allowed under Tribal law and policy and at least five percent of the amount withheld shall be allocated to the fishing fine(s).

(j) Violations shall accumulate for sentencing purposes. A “clean record” shall be restored as to any one violation provided three years has elapsed from the date the defendant fulfills all obligations of his or her criminal sentence or civil penalty.

(2) Habitual Offender. In order to discourage repetition of violations by individuals whose record demonstrates an indifference to laws contained in this chapter, an individual deemed to be an habitual offender shall have an increased sanction added to the sanctions already imposed for their particular violation. An habitual offender’s fishing privileges shall include a mandatory suspension for 180 days upon their fourth or subsequent violation under this chapter in a three-year period. For the purposes of this section, prior convictions of multiple violations arising from the same incident or occurrence shall be treated as a single prior conviction.

(3) Sentencing. In cases of violations carrying possible terms of imprisonment, the Tribal Court shall use applicable Tulalip criminal sentencing procedures as a guideline with the additional considerations of:

(a) Whether or not the offense involved a conservation threat to the fishery resource; and

(b) The nature and extent of prior Tribal fishery convictions under this chapter; and

(c) Whether the actions of the defendant demonstrated a willful or wanton disregard for conservation of fish or wildlife. It is understood that violations which have a significant impact on the resource shall be deemed more serious than other offenses and shall be punished accordingly.

(4) Notice to Fisheries Department. A copy of all judgment orders issued for violations of this chapter, both civil and criminal, shall be sent to the Natural Resources Director and Tulalip Police Department – Fish and Wildlife Division.

(5) Penalty Schedules. The following schedule of penalties applies to offenses under this chapter. The Tulalip Tribes Fish Commission shall periodically review the penalties below and shall make recommendations to the Tulalip Board of Directors for appropriate amendments.

Penalties – Mandatory
Section (and Description)	First Violation	Second Violation	Third Violation (Not Forfeitable)
TTC 8.05.050(1) – Allowing nonenrolled person to assist	$500.00	$1,000	$1,500 + suspension of fishing for one year
TTC 8.05.050(2) – Minors fishing by themselves	$25.00 + sent to the dock until remedied	$50.00 + sent to the dock until remedied	$250.00 + sent to the dock until remedied
TIC 8.05.050(2)(b) – Parent/guardian permitting a minor to violate special minor restrictions	$50.00 and sent to the dock until remedied	$100.00 + sent to the dock until remedied	$500.00 + sent to the dock until remedied
TTC 8.05.090(7) – Failure to possess required I.D. card, permits, and licenses	$50.00 + sent to the dock until remedied	$100.00 + sent to the dock until remedied	$250.00 + sent to the dock until remedied
TTC 8.05.100(1) and (3) – Fishing vessel not properly registered	$100.00 + forfeit fish + sent to the dock until remedied	$250.00 + forfeit fish + sent to the dock until remedied	$500.00 + forfeit fish + sent to dock until remedied
TTC 8.05.100(2) – Fishing gear not properly marked	$100.00 + sent to the dock until remedied	$250.00 + sent to the dock until remedied	$500.00 + forfeit fish + sent to the dock until remedied
TTC 8.05.120(7) – Violation of fishing regulations	$100.00	$250.00	$500.00
TTC 8.05.150(1)(a) – Fishing in waters closed to fishing by this chapter or regulations promulgated hereunder; Conservation, management or allocation closure	$500.00 + forfeit fish	Class D	Class E
TTC 8.05.150(1)(b) – Fishing in waters closed to fishing by this chapter or regulations promulgated hereunder; Fishing gear extending beyond a lawful open area or failure to remove gear prior to an area closing	$1,000 + forfeit fish	$1,500 + forfeit fish + gear	$2,500 + forfeit fish + suspension of fishing for one year
TIC 8.05.150(1)(c) – Fishing in waters closed to fishing by this chapter or regulations promulgated hereunder; Overfishing a subsistence/ceremonial permit	$1,000 + forfeit fish	$1,500 + forfeit fish + gear	$2,500 + forfeit fish + suspension of fishing privileges for one year
TTC 8.05.150(3) – Fishing under non-Tulalip licenses prohibited	$500.00 + forfeit fish	$1,000 + forfeit fish and gear	$2,500 + forfeit fish + suspension of fishing for one year
TTC 8.05.150(4) – Fishing with vessel not on list of Tulalip authorized vessels	$500.00 + forfeit fish	$1,500 + forfeit of fish	$2,500 + forfeit fish + suspension of fishing for one year
TTC 8.05.180 – Failure to pay fish tax	$100.00 + pay tax	$250.00 + pay tax	$500.00 + pay tax
TTC 8.05.180(4) – Selling fish to unlicensed buyer	$1,000	Class D	Class E
TTC 8.05.190(1) – Failure to check/pick set net at intervals required by this chapter or regulations promulgated hereunder	$100.00	$250.00 + forfeit net	$500.00 + forfeit net
TTC 8.05.190(2) – Net with mesh size, length or net depth restrictions in violation of this chapter or regulations promulgated hereunder	$100.00 and sent to the dock until remedied	$250.00 + forfeit fish + sent to the dock until remedied	$500.00 + forfeit fish + gear + sent to the dock until remedied
TTC 8.05.1.90(3) – Use of explosives, chemicals to kill fish	Class D	Class E	Class E
TTC 8.05.190(3) – Use of gear not defined in TTC 8.05.030	$250.00	$500.00	Class D
TTC 8.05.190(4) – Failure to properly light gillnet	$100.00 + sent to dock until remedied	$150.00 + sent to the dock until remedied	$250.00 + sent to the dock until remedied
TTC 8.05.190(5) – Operating a skiff gillnet vessel after dark with fewer than two persons currently eligible to fish aboard at all times	$100.00 + sent to dock until remedied	$200.00 + sent to dock until remedied	$500.00 + sent to dock until remedied
TTC 8.05.210 – Placing river set nets in unauthorized place	$250.00 + forfeit fish	$500.00 + forfeit fish	$1,000 + forfeit fish
TTC 8.05.220 – Purse seining in area closed to fishing under this chapter or regulations promulgated hereunder	$500.00 + forfeit fish	$1,000 + forfeit fish	$1,500 + forfeit fish + gear
TTC 8.05.230(1) – Conducting or participating in unauthorized test fishery	$500.00 + forfeit fish	$1,000 + forfeit fish	$1,000 + suspension of fishing for one year
TTC 8.05.240(1)(a) – Failure to completely and accurately fill out fish ticket	$75.00 per ticket	$75.00 per ticket	$75.00 per ticket
TTC 8.05.240(2) – Sale of fish caught for subsistence or ceremonial use	$250.00 + sale proceeds + suspension of fishing for one year	$500.00 + sale proceeds + suspension of fishing for one year	$1,000 + sale proceeds + suspension of fishing for two years
TTC 8.05.240(3) – Possession, sale or purchase of undersized or female crab	$100.00 per crab	$200.00 per crab	$300.00 per crab
TTC 8.05.250(1) – Fishing on a boat not owned by the fisherman, a Tulalip Tribal member or a treaty tribe member with fishing rights in same area pursuant to unauthorized agreement or other violation of TTC 8.05.250(1)	$2,500 + suspension of fishing for up to five years	$2,500 + suspension of fishing for five years	$2,500 + suspension of fishing for five years
TTC 8.05.250(6) – Providing false or fraudulent documentation or statement to obtain Fish and Wildlife Director approval under TTC 8.05.220(2) and/or (3)	$2,500 + suspension of fishing privileges for up to five years	$2,500 + suspension of fishing privileges for five years	$5,000 + suspension of fishing privileges for five years
TTC 8.05.260 – Littering (all Community service must be done under Natural Resource/The Port of Tulalip Marina/Fish Commission)	$50.00 – $250.00 + 10 – 20 community service hours	$200.00 – $500.00 + 20 – 50 community service hours	$500.00 – $1,000 + 50 community service hours
TTC 8.05.270 – Safety violation	$100.00 + sent to dock until remedied	$150.00 + sent to dock until remedied	$250.00 + sent to the dock until remedied
TTC 8.05.270(2) – Reckless endangerment	$500.00 + forfeit fish	1,000 + forfeit fish	$1,500 + suspension of fishing for one year
TTC 8.05.270(3) – Failure to report serious marine incident	Suspension of fishing for one year	Suspension of fishing for two years	Suspension of fishing for five years
TTC 8.05.280 – Failure to produce required I.D. card and permit upon demand	$50.00 + sent to the dock until remedied	$100.00 + sent to the dock until remedied	$250.00 + sent to the dock until remedied
TTC 8.05.290(7) and (9) – Failure to report marine mammal mortality	$100.00	$200.00	$300.00
TTC 8.05.410(1) – Exercising fishing rights under the influence of alcohol or drugs	$1,000	$2,000	$5,000 + 200 community service hours
TIC 8.05.410(2) – Exercising fishing rights while in possession of a controlled substance	$1,000	$2,000	$5,000.00 + 200 community service hours
TIC 8.05.420 – Obstructing Fisheries Enforcement Officer	Class D	Class D	Class E
TTC 8.05.430 (1) – Unauthorized interference with fishing gear	$500.00 + forfeit of fish	$1,000 + forfeit of fish	$2,500 + forfeit fish + suspension of fishing for one year
TTC 8.05.430(2) – Unauthorized fish retrieval	$500.00 + forfeit of fish	$1,000 + forfeit of fish	$2,500 + forfeit fish + suspension of fishing for one year
TTC 8.05.430(3) – Theft of fishing gear and or equipment	$500.00	$1,500	$2,500 + suspension of fishing for one year
TTC 8.05.440 – Unlawful trafficking in fish	$1,000	Class D	Class E

(6) The penalties provided above under TTC 8.05.250(1) and (6) shall apply notwithstanding any other provisions of this chapter. [Res. 2020-452].

8.05.460 Civil infraction violations – Procedures.

(1) A Fisheries Patrol Officer or other Tulalip police officer shall have authority to issue a civil citation in the field or a citation may be filed with the Clerk of Court by an enforcement officer or the prosecuting attorney. If a notice of infraction is filed with the Court Clerk, the Court will mail a copy of the notice to the respondent.

(2) Notice of Infraction – Contents. The notice of infraction shall include:

(a) A sworn statement of the officer initiating the infraction setting forth facts of the infraction attached to the notice of infraction;

(b) The monetary and nonmonetary penalties for the violation;

(c) Notice that the respondent must respond within 15 days of the date of issuance (for citation issued in the field) or the date of mailing (for citation mailed by the Court) by paying the fine listed on the notice of infraction and accepting the other sanctions imposed or returning a copy of the citation to the Court indicating that the respondent requests a mitigation hearing or a contested hearing.

(3) Hearing Requested by Respondent. If a hearing is requested by the respondent, the Court Clerk shall send a notice of hearing to the respondent setting the date and time of hearing. There is no right to jury trial for civil fishing violations.

(4) Default Judgment.

(a) If the respondent does not appear at the hearing, a default judgment will issue against the respondent, which will be sent for collection. A copy of the judgment shall be sent by the Court Clerk to the respondent.

(b) If the respondent does not respond within 15 days a default judgment will be issued which will be sent for collection.

(5) Hearings.

(a) Counsel. A person who has received a notice of infraction may be represented by counsel at an infraction hearing. There is no right to counsel; accordingly, counsel must be retained at the party’s own expense. The Tribes may be represented by a representative from the Office of the Reservation Attorney.

(b) Contested Hearing. A contested hearing shall be before a judge; a jury trial is not permitted. The burden of proof is upon the Tulalip Tribes to establish the commission of an infraction by a preponderance of the evidence. The Court may consider the notice of fishing infraction and any other written report made under oath submitted by the officer who issued the notice or whose written statement or police report establishes the factual basis for the infraction issued to the responding party. The responding party may present evidence and examine witnesses present in court. At the conclusion of a contested hearing, the Court shall determine whether there was jurisdiction and whether the infraction was committed. Where the Court finds that it has not been established that the infraction was committed, an order dismissing the notice of infraction shall be entered in the Court’s records. Where an infraction is found to have been committed, an appropriate order and/or judgment shall enter in the Court’s records.

(c) Mitigation Hearing. A hearing held for the purpose of allowing a person to explain mitigating circumstances surrounding the commission of an infraction shall be an informal proceeding. The person may not subpoena witnesses. The determination that an infraction has not been committed may not be contested at a hearing held for the purpose of explaining mitigating circumstances. After the Court has heard the explanation of the circumstances surrounding the commission of the infraction, the Court shall enter an order and/or a judgment. There shall be no appeal from the Court’s ruling.

(d) Deferral of Judgment. In any hearing held under this rule, the Court may defer entry of an order or judgment for up to one year, on conditions set by the Court. An order deferring an infraction may include a fine or other nonmonetary sanctions. If, at the end of the deferral period the party has satisfied all of the Court’s conditions and has not committed any new fisheries violations, the Court may dismiss the infraction. A person may not receive more than one deferral within a seven-year period.

(6) Judgments on Fisheries Civil Infraction Violations.

(a) Civil Actions. Noncriminal fishery violations are civil actions. Accordingly, any hearing relating to a fisheries infraction violation is civil in nature.

(b) Penalty. A person found to have committed a fisheries infraction shall be assessed a monetary penalty and other applicable noncriminal sanctions in accordance with this chapter.

(c) The Court may, in its discretion, reduce the monetary penalty prescribed for the infraction only if it finds that mitigating circumstances exist.

(d) Notice to Fisheries Department. A copy of all civil judgments shall be sent by the Court to the Fisheries Department. [Res. 2020-452].

8.05.470 Additional civil remedies for certain nonmember violations.

Any activity of a nonmember subject to the provisions of this chapter which is contrary to the provisions hereof or any regulation promulgated hereunder is hereby prohibited and declared unlawful and a public nuisance, the civil remedies for which shall be suspension or revocation of some or all of the privileges and/or licenses or permits granted to said person or persons by the Tulalip Tribes and/or by a civil fine of not less than $250.00 nor more than $2,500.

(1) Nonmembers of the Tulalip Tribes are prohibited from entering any beaches, tidelands, or other submerged lands owned, restricted against alienation or held in trust for the Tulalip Tribes unless authorized to fish there pursuant to this chapter, legally entitled to reside there or a guest of a legal resident. Nonmembers of the Tulalip Tribes who, after being adequately warned by Tribal authorities, shall be subject to a civil trespass citation under this chapter with a fine of up to $500.00.

(2) Notwithstanding the fines specified in subsection (1) of this section, a nonmember who provides false or fraudulent documentation or statements to obtain Fish and Wildlife Director approval under TTC 8.05.250(2) and/or (3) shall be subject to a civil citation with a fine of up to $5,000. Any nonmember who, with knowledge of the requirements of TTC 8.05.250, engages in a violation thereof shall also be subject to a civil citation with a fine of up to $5,000 for each violation. Each day the vessel is used in the treaty fishery in violation of TTC 8.05.250 shall be considered a separate violation; provided, that in the case of such multiple violations, the daily fine shall be set in an amount not exceeding the value of the day’s total fish harvest. In lieu of this fine, or any portion thereof, any share of fish to which the nonmember may have been entitled may be seized and declared forfeited.

(3) The Tribal Court shall have jurisdiction over these civil proceedings involving nonmembers of the Tulalip Tribes. The rules for civil infraction procedures under this chapter shall be followed unless clearly inapplicable. No counterclaim or set-off shall be allowed.

(4) A nonmember is subject to service of Tribal Court process within or outside the Tulalip Reservation and submits to Tribal jurisdiction for a cause of action arising from any of the following, when on his own behalf, through an agent, or as an agent, he:

(a) Is granted any privilege or approval pursuant to this chapter;

(b) Enters a consensual relationship with the Tulalip Tribes or any of its members, through commercial dealings, contracts, leases or other arrangements; or

(c) Engages in activity within the Tulalip Reservation or on Tribal trust land outside the Tulalip Reservation which threatens or has some direct effect on the political integrity, economic security or the health or welfare of the Tulalip Tribes.

(5) The nonmember activities regulated by this chapter fall within one or more of the above-listed matters giving rise to Tribal jurisdiction. [Res. 2020-452].

8.05.480 Construction and severability.

(1) Except as specifically provided for otherwise herein, procedures of TTC Titles 2 and 3 (law and order) shall be applicable to the enforcement proceedings hereunder; provided, that only the civil rules of the Tribal Court shall be applied in seeking remedies for nonmember violations.

(2) This chapter shall be liberally construed to give full effect to the objectives and purposes for which it was enacted.

(3) If any provision of this chapter, or its application to any person or legal entity or circumstances, is held invalid, the remainder of this chapter, or the application of the provision to other persons or legal entities or circumstances, shall not be affected.

(4) The repeal, revision, amendment, or consolidation of any ordinance or part of an ordinance or section or part of a section of any ordinance amending any provision of this title shall not have the effect to release, extinguish, alter, modify, or change in whole or in part any penalty, forfeiture, or liability, either civil or criminal, which shall have been incurred under such statute, unless the repealing, revising, amending, or consolidating act so expressly provides, and such statute or part of a statute or section or part of a section of a statute so repealed, amended, or revised shall be treated and held as still remaining in force for the purpose of sustaining any and all proper actions, suits, proceedings, and prosecutions, criminal as well as civil, for the enforcement of such penalty, forfeiture, or liability, as well as for the purpose of sustaining any judgment, decree, or order which can or may be rendered, entered, or made in such actions, suits, proceedings, or prosecutions imposing, inflicting, or declaring such penalty, forfeiture, or liability. [Res. 2020-452].

8.05.490 Diver harvest training.

(1) Authorization of Diver Harvest Training.

(a) The purpose of this section is to provide for Tribal members to receive training in geoduck techniques and safety from qualified non-Tribal members to ensure that diving is carried out in a safe manner. It is the intent of this section to fully comply with Federal Court rulings concerning shellfish harvesting and to limit the benefits of the exercise of treaty shellfish harvesting to Tulalip Tribal members only.

(b) Use of Nonmember Vessels and Gear and Participation of Nonmembers in Geoduck Diving Training. Non-Tribal members may participate in and utilize their vessels and equipment for training of Tribal members pursuant to the applicable provisions of this chapter. Any such participation is not deemed fishing or harvesting, and is limited to training only. Under no condition shall any non-Tribal trainer receive any share of the harvest or any other interest in the geoduck harvest.

(2) Geoduck Training Requirements – Permitted Agreements.

(a) Eligible Tribal fishermen may train to exercise Tribal fishing rights for geoducks on a vessel which is not either owned by the fisherman, a Tulalip Tribal member, a member of another tribe which also has treaty fishing rights in the area being fished, or a corporation meeting the qualifications as set forth in TTC 8.05.090(4)(a), if such is pursuant to a contract and permit as provided for in this section.

(b) The above-mentioned contract and permit must be first approved by the Fish and Wildlife Director prior to the use of the boat in the exercise of geoduck training dives. Each party to the contract shall sign and submit to the Fish and Wildlife Director a duly notarized affidavit in a form specified by the Fish and Wildlife Director, verifying the nature and terms of the transaction and the accuracy of the attached documentation. All contract documents shall be attached, along with any other contract-related information requested by the Director. The affidavit required by this chapter shall also verify that the affiants have read and understood the enforcement provisions of this chapter for violation of ordinance prohibitions.

The affiant shall provide the name, address, and telephone number of the person authorized to accept service of any process on the affiant in the event an enforcement action becomes necessary. In such affidavit, nonmember shall acknowledge that, by virtue of the transaction and/or approval of vessel use in the geoduck training program, they have submitted themselves and the vessel to the jurisdiction of the Tribes and its Court and have become subject to Tribal services of process within or outside the Reservation. All affidavits shall recite that the statements therein are made under oath with the intent that they be relied upon as sworn statements and that a false statement is punishable under State law, Chapter 9A.72 RCW, as well as subject to Tribal enforcement measures. The Fish and Wildlife Director shall specifically examine the contract terms, corporate documents and all other items and materials deemed relevant, together with expertise of the Tribal fishermen undergoing training, to determine whether, under the particular circumstances in question, the contract terms can be met. No contract shall be approved if, in the determination of the Fish and Wildlife Director, the seller is to receive a share of the proceeds of the catch.

(c) If, in the opinion of the Fish and Wildlife Director, the above-mentioned contracts meet the criteria established herein, the Fish and Wildlife Director shall approve and acknowledge by signature notation on the contract and shall allow the boat to be used in the Tribal training program. The Fish and Wildlife Director shall not be required to make his decision on whether to approve the contracts until seven days have expired after all requested documents and information have been submitted to him. The Fish and Wildlife Director shall retain copies of all approved contracts and submittals.

(d) If the Fish and Wildlife Director determines that a boat should not be authorized under this chapter, an aggrieved Tribal fisherman may appeal the ruling to the Tulalip Board of Directors. The decision of the Tulalip Board of Directors shall be final in all cases.

(e) It shall be unlawful for any person to provide false or fraudulent documents or statements to obtain the Fish and Wildlife Director’s approval under this section.

(3) Contents of Contract.

(a) All contracts submitted to the Director pursuant to this chapter shall provide that the trainer shall provide a vessel, trainee’s dry suits and other personal equipment, and requisite training for a flat fee. Such fee shall not be dependent upon the success of any practice dives nor the quantity of geoducks taken on any such dives.

(b) All contracts submitted must provide for monitoring of harvest training by persons designated by the Director. The contract shall provide the monitors will be provided access to the training vessel or other equipment at any time that it is in operation for training purposes.

(4) Limitations on Harvest. No harvest by any individual trainee shall exceed 100 pounds per trainee. [Res. 2020-452].

8.05.500 The Tulalip Tribes Fisheries Commission.

(1) Preamble. The Board of Directors of the Tulalip Tribes, in recognition of the high position which wise management of the fishing resource holds in the Tribal community and tradition, hereby establishes a Fish Commission to oversee the management of the fisheries resource by the Tribal government. The Board of Directors will continue to hold ultimate responsibility and authority for fisheries management activities of the Tulalip Tribes, but the Fish Commission will play the principal role in converting the general policy of the Board of Directors into specific fisheries policies to be carried out by the Tribal government. The Fish Commission will be made up of elected Tulalip Tribal enrolled members. The ultimate purpose for establishing this Fish Commission is to assure that the membership of the Tulalip Tribes continues to enjoy the benefits of the rights to fish which were reserved and protected in treaties made by our ancestors with the government of the United States.

(2) Fishermen General Membership of Commission. The fishermen general members of the Tulalip Fish Commission shall be all persons who meet all of the following qualifications:

(a) An enrolled member of the Tulalip Tribes.

(b) Eighteen years of age or older.

(3) Fishermen General Membership Meetings.

(a) The fishermen general members shall meet annually in February of each year to review the status of the resources of concern to the Tulalip Tribes and make recommendations and approve management plans governing the harvest of these resources by the Tulalip Tribes and discuss actions required to protect the resources-related rights reserved in the Treaty of Point Elliott.

(b) Special meetings of the fishermen general membership may be called by majority vote of a quorum of the Commissioners or by 25 registered members of the general membership.

(c) Notice to the fishermen general members for the annual meeting or special meetings shall be by public notices posted in and on premises on the Reservation frequented by the members and in the Tribal paper with 10 days’ notice.

(d) The Chairperson of the Commission shall preside over annual and special meetings.

(4) Quorum. The quorum to conduct a meeting to the membership shall be 25 voting members. All shall have in their possession a valid Tribal identification or fisheries identification card.

(5) Tulalip Fish Commission Governing Body. The governing body of the Tulalip Fish Commission shall be composed of seven Commissioners elected from the general membership of the Tulalip Tribes.

(6) Terms of Commissioners. The governing body of the Tulalip Fish Commission shall be a Board of Commissioners composed of seven Commissioners elected by the general membership. The Commissioners shall be elected for a three-year term.

At the end of each term, Board members will be elected for a term of three years, unless removed or replaced as provided for in this chapter.

(7) Qualifications of the Board of Commissioners. Persons elected to the Board of Commissioners must meet the following qualifications:

(a) Be an enrolled member of the Tulalip Tribes.

(b) Be 18 years of age or older.

(d) Be of good character.

(8) Board of Commissioners Vacancies.

(a) A position on the Board of Commissioners shall be deemed vacant under any of the following conditions:

(i) A Commissioner dies.

(ii) A Commissioner resigns his or her office.

(iii) A Commissioner’s term expires.

(b) A position may be declared vacant by a vote of a majority of the full Commission not including the vacant position for any of the following reasons:

(i) The Commissioner fails to participate in three consecutive regular meetings due to physical or mental incapacity.

(ii) The Commissioner, without good cause, fails to participate in two consecutive regular meetings not including physical or mental capacity.

(iii) The Commissioner continually violates fishing regulations of the Tulalip Tribes. Commission would review the severity of the continuous violation with a complete report and then the Fish Commission would vote on it.

(c) If a Commissioner is challenged for any of the above reasons, the challenged Commissioner shall be notified in person and in writing that the remaining Board of Commissioners is considering declaring that position vacant, and the challenged Commissioner shall have the privilege of a grievance hearing within 10 days before the Tulalip Fisheries Board of Commissioners. The decision of the Board of Commissioners shall be final. In the event of failure to participate in three consecutive regular meetings due to physical or mental impairment, the remaining Board of Commissioners shall, in their sole discretion, determine whether the incapacity is likely to continue in such a manner that the challenged Commissioner will not be able to actively represent the Tulalip Tribal membership.

(d) Vacancies occurring for any other reason than expiration of a fixed term shall be filled by appointment by the Board of Directors for the unexpired portion of the term. The Fish Commission may forward names to the Board of Directors for their consideration in filling the vacancy.

(9) Powers and Duties of Commissioners. The Commissioners shall have the following powers and duties:

(a) To review and provide final approval of preseason regulations.

(b) To provide direction to the Fish and Wildlife Director on in-season regulations for hunting and fishing.

(c) To make recommendations to the Tulalip Board of Directors concerning changes in this chapter, associated regulations and establishment of taxes and/or fees levied on fishing activities.

(d) To develop long-term objectives for the production and management resource for fishing and the environmental quality required for that production and strategies to achieve these objectives for recommendation to the Tulalip Board of Directors for adoption as official Tribal policy.

(e) To represent the Tulalip Tribes, when specifically asked to by the Tulalip Board of Directors, in intertribal, Federal, State and international co-management meetings, and at other relevant forums regarding fishing issues.

(f) To review any actions that may be taken by other agencies, governments, or other entities affecting Tulalip fisheries and take appropriate action or recommend to the Board of Directors for action.

(g) To direct the operations of the Fisheries Department through the Fish and Wildlife Director, with respect to budget requirements, hatchery goals, enforcement goals and efficiency of all program implementations.

(h) To receive and expend funds appropriated for Commission use by the Tulalip Board of Directors, to develop a program, manage fish tax, Court fees, and permit licensing fees, prepare a budget (subject to approval of the Tulalip Board of Directors) and supervise the implementation of the program to identify fishing objectives, develop policy and strategy to achieve these objectives, and present these policies to appropriate levels of County, State, Federal and Tribal government.

(i) To identify specific tasks for execution by Commissioners and levels of compensation for the execution of such tasks, all in accordance with the Employee Handbook.

(j) To evaluate the fisheries program and report to the Board of Directors once per year as to its operation and efficiency.

(k) To carry out duties provided for under this chapter, or as delegated by the Board of Directors.

(10) Tulalip Fisheries Commission Officers. The Commissioners shall hold their first official meeting within 30 days after they are notified of being elected by the general membership at which time they will nominate and elect a Chairperson, Vice-Chairperson and Secretary/Treasurer, whose terms shall be until the next election. No official business shall be conducted until the officers’ positions are filled.

(11) Quorum and Voting. The quorum necessary for the Commissioners to hold a meeting shall be four Commissioners. In the event that the Chairperson or the Vice-Chairperson are both absent, the Commissioners in attendance shall designate another Commissioner to chair the meeting. A majority vote of those Commissioners in attendance, a quorum being present, shall be required for the passage of official action.

(12) Chairperson. The Chairperson shall:

(a) Preside over all the meetings of the Commissioners and general membership meetings.

(b) Call all meetings of the Commissioners and the general membership. In the event that the Chairperson and Vice-Chairperson are unavailable to call a special meeting, the Secretary/Treasurer then can call for a special meeting. Conference call negotiations are valid as long as there is a quorum on the call and minutes are kept.

(d) Perform all duties of a presiding officer.

(13) Vice-Chairperson. In the absence or in the event of a disability of the Chairperson, the Vice-Chairperson shall serve in place of the Chairperson.

(14) Secretary/Treasurer.

(a) Keep minutes of all meetings and provide approved copies within 10 days to each Commissioner and the Board of Directors.

(b) Call for special meetings, call meetings to order in the absence of the Chairperson and Vice-Chairperson, and have the Commissioners select a Commissioner to chair the meeting.

(c) Call and notify the Commissioners of submittal of petitions from the fishermen general membership and ensure the presiding officer sets a specific date and time to address the contents therein.

(d) Serve as custodian of records of all property of accounts held by the Commission.

(e) Be held responsible for the integrity and completeness of all accounting.

(f) Receive and disburse all funds of the Commission. Disbursements require a completed task form for all tasks approved in a Commissioners’ meeting and signed by the Chairperson and the Secretary/Treasurer. All procedures for receiving and disbursing funds shall be between the Commission and the Board of Directors. All income and disbursements shall be reported into the minutes of the next regular meeting.

(g) Make a full oral or written report on the financial status of the Commissioners’ accounts to the Commission and to the Board of Directors when requested.

(h) Compile other such reports as required by the Tribal Board of Directors and Commission.

(15) Commissioners’ Meetings.

(a) The Commissioners will meet twice per month on the first and third Tuesday of each month at 5:00 p.m. at a location designated by the Commission. This day can change if the Commission so designates.

(b) Special meetings will require notice to the Commissioners by telephone or personal message. All efforts must be made to contact all Commissioners.

(c) Commissioners’ meetings will be open to the entire general membership, although only Commissioners may vote on matters which come before the Commission.

(d) The Commissioners will meet once every three months (February, May, August and November) on hunting the first Wednesday of the month at 5:30 p.m. at a location designated by the Commission. This day can change if the Commission so designates. [Res. 2020-452].