Chapter 8.10 HUNTING

This chapter shall be known as the Tulalip Tribal Hunting Ordinance. All references to the Fish and Wildlife Director in this chapter or Tribal hunting regulations shall mean the Director or Deputy Director of the Tulalip Fish and Wildlife Department. [Res. 2016-181; Res. 2014-402; Ord. 67 § 1.01, 8-6-1988].

8.10.020 Prior hunting ordinances repealed.

This chapter repeals and supersedes all prior Tulalip hunting ordinances. [Res. 2016-181; Res. 2014-402; Ord. 67 § 1.02, 8-6-1988].

8.10.030 Areas where hunting may be allowed.

When consistent with conservation of the resource and Tribal management goals and requirements, hunting by duly enrolled members of the Tulalip Tribes, their nonmember spouses, and other lawful assistants may be allowed on the Tulalip Indian Reservation, on off-Reservation Tribal lands, and in all open and unclaimed areas, as provided in the Treaty of Point Elliott. Without waiving the full extent of its reserved aboriginal hunting rights, hunting areas shall be restricted in accordance with any management agreement approved by the Tulalip Board of Directors. [Res. 2016-181; Res. 2014-402; Ord. 67 § 1.03, 8-6-1988].

8.10.040 Regulations.

The Fish and Wildlife Director, after consultation with the Board and the Hunting Commission, may issue regulations as necessary to implement this chapter, governing the time, place, manner and other matters respecting the exercise of Tribal hunting rights. The regulations shall be consistent with any Board-approved management agreement. Such regulations shall be available for public inspection at the governmental offices of the Tulalip Tribes during normal working hours. The Fish and Wildlife Director shall forward copies of regulations to interested public agencies, such as the Washington Department of Fish and Wildlife, within such time periods as may be required by Court order or agreed to by the Tribes. Regulations issued under this section shall contain a statement of their effective date. Except for emergency regulations, which may be issued upon 24 hours’ notice, regulations shall become effective 30 days after they are promulgated. The primary consideration in adopting regulations pursuant to this chapter shall be the conservation of the game resource. [Res. 2020-106; Res. 2016-181; Res. 2014-402; Ord. 67 § 1.04, 8-6-1988].

8.10.050 Hunting Commission.

(1) The Board of Directors of the Tulalip Tribes hereby establishes a Hunting Commission to oversee the management of the resource. The Board of Directors will continue to hold the ultimate responsibility and authority for Tribal hunting activities.

(2) Purpose. The purpose and responsibilities of the Hunting Commission include the following:

(a) Develop and/or recommend any changes to the hunting rules and regulations, the setting of hunting seasons, and changes in penalties to the Board of Directors.

(b) Consider Tribal hunting matters and game conservation issues.

(c) Communicate with the Board and membership to help ensure actions taken are responsive to the concerns of the hunters/membership and are in the best interest of Tulalip Tribes.

(d) To represent the Tulalip Tribes, when specifically asked to do so by the Tulalip Board of Directors, in intertribal, Federal, State and international meetings and other relevant forums regarding hunting issues.

(3) Qualifications, Term and Appointment of the Board of Commissioners. The Legal Department shall conduct the criminal background check(s) on all candidates and shall forward the results to Elections staff. Eligible applicants for appointment will be reviewed by the Board of Directors for final approval. The Commissioners are subject to Chapter 1.15 TTC, Code of Ethics for Tulalip Tribal Commissioners, and other applicable policy or law.

(a) Qualifications. The Hunting Commission shall be composed of five members. Each member shall:

(i) Be an enrolled member of the Tulalip Tribes and an active hunter.

(ii) Be 18 years of age or older.

(iii) Not have been convicted of a felony offense or a class E or F offense under the Tulalip Tribal Code.

(iv) Have had at least one year elapse since fulfilling all of his or her obligations from a hunting violation citation or conviction (if applicable).

(b) Appointment. The Board of Directors shall initially appoint the first five Commission members based on a review of the list of interested applicants who meet the eligibility qualifications as stated above. After that, the voting membership of the Tulalip Tribes shall elect Commissioners.

(d) Vacancies. A position on the Hunting Commission shall be deemed vacant under the following conditions:

(i) A Commissioner dies.

(ii) A Commissioner resigns.

(iii) A Commissioner’s term expires.

(e) Removal. A Commissioner may be removed and/or a position may be declared vacant by a majority vote from the other members of the Hunting Commission 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.

(iii) The Commissioner violates a hunting regulation of the Tulalip Tribes.

(f) Filling Vacancies. In the event of a vacancy by reason other than expiration of a fixed term, the Board of Directors, by appointment, shall fill such vacancy for the unexpired portion of the term. The Hunting Commission may forward names to the Board of Directors for their consideration in filling the vacancy.

(4) Tulalip Hunting Commission Officers. The Commissioners shall hold their first official meeting within 30 days after they are notified of being appointed. At that meeting, they will nominate and elect a Chairperson, Vice-Chairperson and Secretary/Treasurer whose terms shall be until the next election.

(5) Quorum and Voting. The quorum necessary for the Commissioners to hold a meeting shall be three Commissioners. In the event the Chairperson and 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 passage of official action.

(6) 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 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 so long as there is a quorum on the call and minutes are kept.

(d) Perform all duties of a presiding officer.

(7) 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.

(8) Secretary/Treasurer. The Secretary/Treasurer shall:

(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) Notify the Commissioners of submittal of petitions/complaints/requests for discussion from the Hunting Commission general membership to ensure the presiding officer sets a specific date and time to address the contents therein, if warranted.

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

(e) Be 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 the 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 and to the Board of Directors when requested.

(h) Compile other such reports as required by the Board of Directors and Hunting Commission. [Res. 2020-106; Res. 2016-181; Res. 2014-402; Ord. 67 § 1.05, 8-6-1988].

8.10.060 Big game which may be hunted.

(1) “Big game” which may be hunted includes deer, bear, elk, and mountain goat.

(2) Seasons are closed to the hunting of big game unless opened by regulation. Tribal hunting rights as to big game may not be exercised during closed season, except pursuant to a special subsistence or ceremonial permit issued under TTC 8.10.100.

(3) The number and type of big game animals allowed to be taken shall be set forth in the regulation opening the season. [Res. 2016-181; Res. 2014-402; Ord. 67 § 1.06, 8-6-1988].

8.10.070 Game birds.

(1) Game birds may also be hunted, as provided by regulation, and consistent with applicable Federal law.

(2) Hunting during the open game bird season may only take place when and as provided for by regulation, except pursuant to a special or ceremonial permit issued under TTC 8.10.100.

(3) The number and type of game birds allowed to be taken shall be set forth in the regulations. [Res. 2016-181; Res. 2014-402; Ord. 67 § 1.07, 8-6-1988].

8.10.080 Marine mammals.

(1) Taking Prohibited. It is prohibited to harass, kill, harvest, or take any marine mammal except as otherwise provided by this chapter, Chapter 8.05 TTC, Tulalip Tribal regulation, or Federal law. The harvest season is closed unless otherwise opened by Tribal or Federal law.

(2) Deterring Harm to Tribal Treaty Fisheries. All incidental take of marine mammals authorized under Tribal law for protection of treaty fishing gear and catch is addressed in the Tulalip Fishing Ordinance, Chapter 8.05 TTC.

(3) Self-Defense. Nothing herein shall prohibit the taking, killing, or injury of a marine mammal if such taking, killing, or injury is imminently necessary in self-defense or to save the life of a person in immediate danger.

(4) Commercial Harvest. Except as permitted by this chapter or annual regulations, or by Federal law, the intentional lethal taking of any marine mammal for commercial purposes is prohibited. Any permitted commercial harvest of marine mammals shall include a plan for monitoring and reporting of the Tribal harvest and shall be consistent with conservation needs of the resource. Tribal harvesters shall be required to comply with harvest reporting requirements contained in this chapter or annual regulations.

(5) Ceremonial and Subsistence Harvest. Marine mammals may be harvested for ceremonial and subsistence purposes only if specifically opened through regulation promulgated by the Tulalip Fish and Wildlife Department. If so opened, no marine mammal shall be harvested except by a permit duly issued by the Tulalip Fish and Wildlife Department. Such permit shall authorize the taking only of the specific species listed and shall be deemed revoked automatically when the total number of animals harvested has met the total season limit as determined in annual regulations, or if the season is otherwise closed or suspended by emergency or other action of the Fish and Wildlife Department or the Tulalip Board of Directors. [Res. 2016-181; Res. 2014-402; Res. 95-0085; Ord. 67 § 1.08, 8-6-1988].

Article II. Permit Requirements

8.10.090 Eligible hunters/assistants.

(1) Any member of the Tulalip Tribes hunting under Tulalip hunting rights shall have in his or her possession a Tribal enrollment card or Point Elliott Treaty identification card and any and all permits required by this chapter. Except for a ceremonial or special subsistence permit, the possession of a required hunting permit may be evidenced by a label or symbol affixed to the enrollment or identification card. During hunting season, permits shall be issued for the entire hunting season, unless a shorter term is required for conservation. A permit shall specify the numbers and type of game that may be taken by the hunter. A renewable permit may be issued, which limits the number and type of game subject to periodic review during the course of the season as to whether additional animals may be taken.

(2) Members of the Tulalip Tribes may be assisted during hunting by any member of the Tulalip Tribes. Tribal members hunting pursuant to this chapter may be assisted by their spouses even if the spouse is not a member of the Tulalip Tribes. “Assisted” does not include independently performing the act of shooting or harvesting the animal.

(3) Persons hunting pursuant to this chapter must be at least 18 years of age to receive big game tags. The suitable age is 14 with approval of the Director and completion of an approved firearms safety course. The hunter must be 18 years of age to put in for special permits handed out by Tulalip Tribes.

(4) Persons hunting under the age of 18 must be accompanied by an adult age 18 and over. Persons under 18 may hunt with their Tulalip Tribal member parent/guardian under their permit to learn how to hunt.

(5) Any person who has killed game through the exercise of Tulalip Tribes Tribal hunting rights shall comply with such reporting requirements as the Fish and Wildlife Director or his designee may establish. In no event shall another hunting permit be issued to the hunter, until the required report has been received.

(6) Any person required by this chapter to have a card and/or permit in possession while hunting under Tribal authorization shall produce such card or permit for examination upon demand of a Tribal, State, or Federal law enforcement officer. Failure to produce the required identification shall be probable cause to believe the hunter has no valid Tribal permit. [Res. 2016-088; Res. 2016-181; Res. 2014-402; Ord. 67 § 2.01, 8-6-1988].

8.10.100 Permit required for ceremonial and special subsistence hunting.

(1) Notwithstanding any section of this chapter, the Tribal Board of Directors, through the Tribal Chairman, or the Fish and Wildlife Director, may authorize hunting for ceremonial purposes, consistent with any Board-approved management agreement.

Such hunting may be authorized after a written application is made which includes:

(a) The number and type of game animals requested to be taken;

(b) The place and date of the ceremony at which the game is to be used;

(d) The place and date of the hunt.

The Fish and Wildlife Director may, consistent with any Board-approved management agreement, also provide for a special subsistence hunt out of season. If the number of hunters exceeds the number of permits available, the Hunting Commission shall establish a system for permit allocation.

Prior notification to the Washington Department of Fish and Wildlife and/or other public agency shall be given when and as required by Court order or agreement. If, by order or agreement, a particular type of out-of-season hunt requires prior arrangements with a public agency, the Fish and Wildlife Director shall make such arrangements.

A permit under this subsection shall require that a report on the number and type of game animals taken be made upon completion of the hunt, along with such other information as the Fish and Wildlife Director or his designee may require, and that communication be maintained among group hunt members, by radio or otherwise, to prevent harvests in excess of that authorized in the permit.

(2) Repealed by Res. 2016-181.

(3) A member who is unable to hunt for himself or herself, on account of age, infirmity, physical condition, or other verified disability, may request, in writing, that another eligible Tulalip Tribal member be designated to hunt for the member who cannot hunt. The designated hunter will be selected according to procedures and criteria established by the Fish and Wildlife Director by regulation. [Res. 2020-106; Res. 2016-181; Res. 2014-402; Res. 90-0132; Ord. 67 § 2.02, 8-6-1988].

8.10.110 Permit fees.

The fees for the issuance of any permits, other than a ceremonial permit which shall be issued without fee, shall be determined annually in regulations adopted by the Fish and Wildlife Director pursuant to the provisions of TTC 8.10.040. Fees may be established for annual hunting permits and for permits or tags authorizing the harvest of individual animals. In the case of tags for individual animals the Fish and Wildlife Director may authorize that all or part of the fee for the tag be refundable upon return of the tag properly filled out to the Fish and Wildlife office. [Res. 2016-181; Res. 2014-402; Res. 90-0132; Ord. 67 § 2.03, 8-6-1988].

Article III. Violations

8.10.120 Violations.

Each of the following acts or omissions by members, including members acting as assistants, constitutes a separate violation of this chapter. Nonmember spouses who fail to comply with the requirements and restrictions of this chapter shall be considered to have violated this chapter and shall only be subject to the civil fines and penalties for such acts or omissions, provided for in TTC 8.10.430. A member whose nonmember spouse or other assistant violates this chapter shall be considered to have violated this chapter by such act or omission. [Res. 2016-181; Res. 2014-402; Ord. 67 Art. 3, 8-6-1988].

8.10.130 No valid permit.

Hunting or being assisted in hunting without a valid permit shall be a violation of this chapter. [Res. 2016-181; Res. 2014-402; Ord. 67 § 3.01, 8-6-1988].

8.10.140 Exceeding bag limits.

Hunting, killing, or possessing game in excess of the number of that species authorized to be taken shall be a violation of this chapter. [Res. 2016-181; Res. 2014-402; Ord. 67 § 3.02, 8-6-1988].

8.10.150 Hunting/possession of game taken in closed season.

It shall be a violation of this chapter for any member, nonmember spouse, or other assistant to hunt, or possess any game animal or bird killed, during the closed season, except when harvested pursuant to a special subsistence or ceremonial permit. [Res. 2016-181; Res. 2014-402; Ord. 67 § 3.03, 8-6-1988].

8.10.160 Closed areas.

It shall be a violation to exercise Tribal hunting rights during a closed season, or in any area which has not been opened to hunting by Tribal regulation, except when authorized to do so pursuant to a special subsistence or ceremonial permit. No hunting shall take place in an area during a conservation or management closure imposed by the Tribes. It shall also be a violation of this chapter to hunt in an area during a State conservation or management closure being honored by the Tribes pursuant to a Board-approved management agreement, so long as the Tribal hunter has been notified of the closure’s applicability in accordance with Tribal regulation. [Res. 2016-181; Res. 2014-402; Ord. 67 § 3.04, 8-6-1988].

8.10.170 Weapon requirements.

The regulations shall provide for weapon restrictions for hunting particular animals, so as not to cause wounding. It shall be a violation of this chapter to violate any such regulation. [Res. 2016-181; Res. 2014-402; Ord. 67 § 3.05, 8-6-1988].

8.10.180 Spotlighting.

The use of spotlights, headlights or any other artificial light may be prohibited or restricted by regulation. It shall be a violation of this chapter to violate any such regulation. [Res. 2016-181; Res. 2014-402; Ord. 67 § 3.06, 8-6-1988].

8.10.190 Hunting from aircraft.

It shall be a violation to hunt any big game animal from any airborne conveyance. [Res. 2016-181; Res. 2014-402; Ord. 67 § 3.07, 8-6-1988].

8.10.200 Loaded weapon in vehicle.

It shall be a violation to carry firearms loaded with live ammunition in any motor vehicle, including a motorcycle. A loaded firearm is one in which there is live ammunition in a firearm, or in a clip that is inserted in the firearm. [Res. 2016-181; Res. 2014-402; Ord. 67 § 3.08, 8-6-1988].

8.10.210 Hunting while intoxicated.

It shall be unlawful to consume or possess intoxicating liquor or drugs while hunting or to hunt with firearms while under the influence of intoxicating liquor or drugs. [Res. 2016-181; Res. 2014-402; Ord. 67 § 3.09, 8-6-1988].

8.10.220 Sale of wild game.

The sale of game meat is prohibited. [Res. 2016-181; Res. 2014-402; Ord. 67 § 3.10, 8-6-1988].

8.10.230 Wasting game.

It shall be unlawful to waste any game after killing it. [Res. 2016-181; Res. 2014-402; Ord. 67 § 3.11, 8-6-1988].

8.10.240 Harvest report.

It shall be unlawful to fail to submit a tag or other report required by this chapter or regulation. [Res. 2016-181; Res. 2014-402; Ord. 67 § 3.12, 8-6-1988].

8.10.250 Obstructing officer.

It shall be a violation of this chapter to willfully interfere with or obstruct an officer engaged in enforcement of this chapter or regulations promulgated hereunder, including an officer deputized by the Tribes or an officer engaged in enforcement pursuant to a Board-approved agreement with the Tribes. [Res. 2016-181; Res. 2014-402; Ord. 67 § 3.13, 8-6-1988].

8.10.260 Other restrictions.

The regulations may impose additional requirements or restrictions appropriate for conservation and/or allocation of the resource, or for other management purposes consistent with this chapter. The violation of any such requirements or restrictions, or of any permit condition not otherwise declared unlawful, shall also be a violation of this chapter. [Res. 2016-181; Res. 2014-402; Ord. 67 § 3.14, 8-6-1988].

Article IV. Enforcement

8.10.270 Standard enforcement procedures.

An enforcement proceeding may be initiated either by the issuance of a violation notice by an enforcement officer duly authorized by the Tulalip Tribes or by the filing of a complaint, pursuant to TTC Titles 2 and 3, as presently enacted or hereafter amended or superseded. Unless clearly inconsistent with other provisions of this chapter, the same enforcement measures may be used in regard to hunting as are available under Chapter 8.05 TTC, Fishing, as presently enacted or hereafter amended, and subject to the same restrictions, including measures for arrest, search, confiscation of gear (weapons) and harvest (game). However, seized game shall not be sold, but shall be properly stored and, upon a Tribal Court determination of forfeiture, shall be donated to a Tribal senior citizen program(s). The enforcement measures incorporated by reference from Chapter 8.05 TTC shall also include the procedures and penalties applicable to return of property, property and bail forfeitures, contemptuous conduct, default on fine, and failure to appear. [Res. 2016-181; Res. 2014-402; Ord. 67 § 4.01, 8-6-1988].

8.10.280 Cooperative enforcement agreements/prosecution of referred cases.

Tribal enforcement proceedings may be initiated and conducted based upon referrals, reports, evidence gathered, and testimony from enforcement personnel or other jurisdiction pursuant to any Board-approved agreement. [Res. 2016-181; Res. 2014-402; Ord. 67 § 4.02, 8-6-1988].

8.10.290 Deputation of patrol officers.

The Board may enter into an agreement with another tribe, other political entities, and/or with the Point Elliott Treaty council or other Tribal organization, whereby Hunting Enforcement Officers of the other entity act as Hunting Patrol Officers for the Tulalip Tribes. Notwithstanding any provision of this chapter, the Executive Director of the Tulalip Tribes may enter into an agreement with another tribe, State, Federal or County government(s) providing for the cross-deputation of hunting 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 agree to indemnify and hold said Tribes harmless from any suits brought against the Tribes or its agents, employees, officers, and/or members arising out of the conduct or said person so cross-deputized in the performance of his duties hereunder. [Res. 2016-181; Res. 2014-402; Ord. 67 § 4.03, 8-6-1988].

8.10.300 Private land hunting defenses.

In addition to any other defense available under applicable law, a hunter charged with violating a requirement or restriction based on his being within private lands shall be acquitted of such charge if he establishes that there were insufficient, outward indications of private ownership for a reasonable man to determine the land’s status. [Res. 2016-181; Res. 2014-402; Ord. 67 § 4.04, 8-6-1988].

Article V. Penalties

8.10.310 Applicability.

Any person subject to the criminal jurisdiction of the Tulalip Tribes who has been convicted by the Tribal Court of violating any provision of this chapter or any regulation adopted hereunder shall be sentenced to the penalties provided in this chapter, subject to any limitation or restriction of 25 U.S.C. 1302. [Res. 2016-181; Res. 2014-402; Ord. 67 § 5.01, 8-6-1988].

8.10.320 Penalty schedule.

Penalties for first, second and third violations of any one offense are set forth in the penalty schedule below.

Penalty Schedule
Section	First Violation	Second Violation	Third Violation (Bail Not Forfeitable)
TTC 8.10.080 – Nonfisheries take of marine mammal without permit	$500.00	$1,000	$1,500
TTC 8.10.130 – No valid permit	Up to $500.00 max.	$1,000	$1,500
TTC 8.10.140 – Exceeding bag limits. Violations will be per animal for big game.	Up to $500.00 plus forfeit game	$500.00 plus forfeit game plus no renewal of permit for 30 days	$500.00 plus forfeit game plus loss of hunting privileges for 1 year
TTC 8.10.150 – Unauthorized hunting/possession of game taken in closed season	Up to $500.00 plus forfeit game	$1,000 plus forfeit game plus no renewal of permit for 30 days	$1,500 plus forfeit game plus loss of hunting privileges for 1 year
TTC 8.10.155 – Allowing unauthorized non-Tribal hunter to utilize big game tag, including non-Tribal/Tulalip spouse	Up to $1,000 plus loss of firearm, forfeit of game, and loss of hunting privileges for 2 years	Up to $2,000 plus loss of firearm, forfeit of game, and loss of hunting privileges for 3 years	Up to $3,000 plus loss of firearm, forfeit of game, and loss of hunting privileges for 4 years
TTC 8.10.160 – Unauthorized hunting in closed area (mandatory appearance)	Up to $500.00 plus forfeit game	$1,000 plus forfeit game plus no renewal of permit for 30 days	$1,500 plus forfeit game plus loss of hunting privileges for 1 year
TTC 8.10.170 – Weapon violation	Up to $500.00 max.	$500.00	$500.00
TTC 8.10.180 – Prohibited spotlighting	Up to $500.00 max.	$1,000	$1,500
TTC 8.10.190 – Hunting from aircraft	Up to $500.00 max.	$1,000	$1,500
TTC 8.10.200 – Loaded weapon in vehicle with the exception of a lawfully permitted concealed weapon	Up to $500.00 plus forfeit game	$500.00 plus forfeit game plus no renewal of permit for 30 days	$500.00 plus forfeit game plus loss of hunting privileges for 1 year
TTC 8.10.210 – Hunting while intoxicated (mandatory appearance)	Up to $500.00 plus forfeit game	$500.00 plus forfeit game plus no renewal of permit for 30 days	$500.00 plus forfeit game plus loss of hunting privileges for 1 year
TTC 8.10.220 – Sale of wild game (mandatory appearance)	Up to $500.00 plus forfeit game	$500.00 plus forfeit game plus no renewal of permit for 30 days	$500.00 plus forfeit game plus loss of hunting privileges for 1 year
TTC 8.10.230 – Wasting game	Up to $500.00 max.	$1,000	$1,500
TTC 8.10.240 – Failing to submit tag or other required report (mandatory appearance)	Up to $500.00 plus forfeit game	$500.00 plus forfeit game plus no renewal of permit for 30 days	$500.00 plus forfeit game plus loss of hunting privileges for 1 year
TTC 8.10.250 – Obstructing officer (mandatory appearance)	Class D, up to $500.00 plus forfeit game	Class D plus no renewal of permit for 30 days	Class D plus loss of hunting privileges for 1 year
TTC 8.10.260 – Other violations	Up to $500.00 max.	$1,000	$1,500

[Res. 2016-181; Res. 2014-402; Ord. 67 §§ 5.02, 5.03, 8-6-1988].

8.10.330 Forfeit game defined.

The term “forfeit game” when it appears in TTC 8.10.320, Penalty schedule, means forfeiture of all game seized. [Res. 2016-181; Res. 2014-402; Ord. 67 § 5.04, 8-6-1988].

8.10.340 Hunting suspension – Calculation of days.

When the Court suspends a defendant from hunting for a certain number of days, the Court shall count only those days open for Tulalip treaty hunting for the particular season or special hunt in which the defendant hunted when cited. Suspension for one year means suspension from participating in any Tulalip treaty hunting for one calendar year. [Res. 2016-181; Res. 2014-402; Ord. 67 § 5.05, 8-6-1988].

8.10.350 Description of offenses.

Descriptions of offenses listed in the penalty schedule are merely references to the actual laws. Refer to this chapter for wording of the laws. [Res. 2016-181; Res. 2014-402; Ord. 67 § 5.06, 8-6-1988].

8.10.360 Mandatory penalties.

All penalties in the penalty schedule are mandatory. The Tribal Court has no authority to suspend or reduce any penalty listed. [Res. 2016-181; Res. 2014-402; Ord. 67 § 5.07, 8-6-1988].

8.10.370 Installment payments.

The Court may allow a defendant to pay a fine in installments over a reasonable period of time. [Res. 2016-181; Res. 2014-402; Ord. 67 § 5.08, 8-6-1988].

8.10.380 Community service.

The 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, or the current Tulalip Tribal government minimum wage, whichever is greater. [Res. 2016-181; Res. 2014-402; Ord. 67 § 5.09, 8-6-1988].

8.10.390 Court costs.

The Court may order a defendant to pay Court costs in addition to any penalty ordered. [Res. 2016-181; Res. 2014-402; Ord. 67 § 5.10, 8-6-1988].

8.10.400 Tribal employees.

Repealed by Res. 2016-181. [Res. 2014-402; Ord. 67 § 5.11, 8-6-1988].

8.10.410 Prior convictions.

Convictions under this chapter which occurred prior to adoption of the ordinance codified in this chapter by the Board of Directors shall not be considered in determining the number of violations (first, second, third) under TTC 8.10.320, nor for determining the penalties for subsequent violations of this chapter under TTC 8.10.420. After adoption, violation shall accumulate for sentencing purposes. A “clean record” shall be restored as to any one violation, provided one year has elapsed from the date the defendant forfeits bail or fulfills all obligations of his or her sentence. [Res. 2016-181; Res. 2014-402; Ord. 67 § 5.12, 8-6-1988].

8.10.420 Sentencing of subsequent violations.

Any person who is convicted by the Tribal Court of violating the same section of this chapter more than once shall be sentenced in conformity with TTC 8.10.320. For second and subsequent violations of this chapter in which a different violation has been committed, the Court shall impose a sentence as follows:

(1) The Court shall impose the mandatory minimum penalty established under the penalty schedule, and the Court shall impose one or more of the following penalties:

(a) Community service for the benefit of the Tribes;

(b) Forfeiture of all property, including game seized pursuant to a lawful arrest or issuance of a citation;

(d) In extreme cases, such as injuring an officer in the course of obstructing enforcement and violation of a conservation closure, imprisonment for a period of time not to exceed six months.

(2) When considering the propriety of the sentence to be imposed under this section, the Tribal Court shall specifically consider, among other things, the following:

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

(b) The nature of prior Tribal hunting convictions under this chapter. 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. [Res. 2016-181; Res. 2014-402; Ord. 67 § 5.13, 8-6-1988].

8.10.430 Civil penalties for violations.

The civil penalty which may be imposed for a violation of any section of this chapter shall be a fine of at least $250.00 but not to exceed $3,000 and/or forfeiture of the right to assist in the exercise of Tulalip Tribes Tribal hunting rights for a period of up to one year, for each animal illegally taken and/or each other separate violation of this chapter. [Res. 2016-181; Res. 2014-402; Ord. 67 § 5.14, 8-6-1988].

Article VI. Cooperative Management Agreements

8.10.440 Cooperative management agreements.

The Fish and Wildlife Director or his designee(s) is authorized to serve on any joint technical committee or subcommittee, established pursuant to a Board-approved management agreement. The Director is also authorized to exchange information, require compliance with State conservation or road closures, and adopt such other measures or restrictions as provided for in the agreement. [Res. 2016-181; Res. 2014-402; Ord. 67 Art. 6, 8-6-1988].

Article VII. Construction and Severability

8.10.450 Construction.

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. [Res. 2016-181; Res. 2014-402; Ord. 67 § 7.01, 8-6-1988].

8.10.460 Severability.

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. [Res. 2016-181; Res. 2014-402; Ord. 67 § 7.02, 8-6-1988].