CHAPTER 18-12
FISHING

18-12-1 Tribal Members; Season; No License Required.

(A)    Tribal members shall be able to fish at any time throughout the year.

(B)    A tribal member shall not be required to acquire or possess a tribal license to fish.

(Amended by PBP TC No. 2017-335, October 26, 2017; amended by PBP TC No. 2020-123, April 8, 2020)

18-12-2 General Provisions.

Nothing in this title shall be construed to prohibit the taking of such fish for scientific purposes with the authorization of the Tribal Police Fish and Wildlife Officer.

(Amended by PBP TC No. 2017-335, October 26, 2017; amended by PBP TC No. 2020-123, April 8, 2020. Formerly 18-12-1)

18-12-3 Open and Closed Seasons.

The fishing season shall be from January 1st through December 31st in any given year, unless otherwise provided.

(Amended by PBP TC No. 2017-335, October 26, 2017; amended by PBP TC No. 2020-123, April 8, 2020. Formerly 18-12-2)

18-12-4 Fishing Permits and Tags.

(A)    Except tribal members, no person shall fish, take or attempt to take any fish pursuant to this title without possessing a valid tribal fishing permit, license or required tags issued by the Tribal Police Fish and Wildlife Division.

(B)    The Tribal Police Fish and Wildlife Division shall not issue more than one (1) license to one (1) person at one (1) time except as authorized by the Tribal Police Fish and Wildlife Officer.

(Amended by PBP TC No. 2017-335, October 26, 2017; amended by PBP TC No. 2020-123, April 8, 2020. Formerly 18-12-3)

18-12-5 Seasons, Creel Limits and Size Limits.

(A)    No person shall take, attempt to take, catch or fish for any species of fish in excess of the established daily or possession creel or bag limit.

(1)    Daily limit: the number of fish that may be taken from midnight to midnight, except no person may possess more than one (1) day’s limit of fish with head, skin and fins attached while on the water, ice or actively engaged in fishing.

(2)    Possession limit: the number of fish a person may have under his or her control such as in a portable cooler, a home freezer, or registered in his or her name in a commercial cold storage locker.

(B)    No person shall take, attempt to take, kill or possess any fish under or over the specified size limit.

(Amended by PBP TC No. 2017-335, October 26, 2017; amended by PBP TC No. 2020-123, April 8, 2020. Formerly 18-12-4)

18-12-6 Trespass.

(A)    No person may fish on private waters without permission from the owner, lessee or tenant.

(B)    No person may fish on tribal, State, or Federal refuge waters or protected waters without possessing the required license, permit tags, or unlawfully fish in those designated waters.

(Amended by PBP TC No. 2017-335, October 26, 2017; amended by PBP TC No. 2020-123, April 8, 2020. Formerly 18-12-5)

18-12-7 Rod and Reel Limitations.

(A)    A maximum of three (3) lines and three (3) hooks per line is allowed for fishing open waters.

(B)    A maximum of four (4) lines is allowed for fishing through the ice.

(C)    Only one (1) end of each line may be equipped with hooks. An artificial lure constitutes one (1) hook, regardless of the number of gang hooks attached.

(Amended by PBP TC No. 2017-335, October 26, 2017; amended by PBP TC No. 2020-123, April 8, 2020. Formerly 18-12-6)

18-12-8 Bait.

(A)    Tribal member and licensed anglers may take bait for non-commercial purposes and as provided below:

(1)    Bait Defined. “Bait” includes baitfish, frogs, salamanders, crayfish, freshwater shrimp, snakes, lizards, clams and snails and night crawlers.

(2)    Limit: twelve (12) dozen of any species.

(3)    Seines, Nets, and Traps. Any licensed angler taking bait may use a seine up to thirty (30) feet long, six (6) feet deep and with a mesh three-eighths (3/8) inch square or less; a dip net up to thirty (30) inches in diameter and with a mesh three- eighths (3/8) inch square of less; a lift net up to four (4) feet square and with mesh three-eighths (3/8) inch square of less; a cast net up to twenty-four (24) feet in diameter and with mesh three-eighths (3/8) inch square or less; or a trap no longer than twelve (12) inches in diameter, thirty-six (36) inches long, and with rigid entrances no wider than one (1) inch.

(4)    Trap Marking Required. Bait traps must be clearly marked with the owner’s name and address.

(5)    Lost Traps. Traps lost or stolen must be reported within ten (10) days of knowledge of the loss to the Tribal Police Fish and Wildlife Officer.

(6)    Trap Setting. Traps must be set so that not more than one-half (1/2) of the width of a stream is blocked.

(7)    Trap Checking. To prevent loss of baitfish or other gill-breathing animals, traps must be checked and emptied at least once every forty-eight (48) hours.

(Amended by PBP TC No. 2017-335, October 26, 2017; amended by PBP TC No. 2020-123, April 8, 2020. Formerly 18-12-7)

18-12-9 Bait Wholesalers and Retailers License.

(A)    A tribal member bait dealer must possess a valid license issued by the Tribal Police Fish and Wildlife Division that shall prescribe rules and regulations for the handling and care of bait. All dealers are required to possess the requisite license or permit to sell, trap, seine or net bait. Each permit or license will:

(1)    Include the name, address and location of dealer.

(2)    Specify the type and amount to be possessed.

(3)    Specify if purchased, trapped, seined or netted anywhere the bait was purchased, trapped, seined or netted.

(4)    A permit shall be valid for no more than twelve (12) continuous months from date issued.

(B)    It shall be unlawful to possess more than twelve (12) dozen minnows or bait species without maintaining a tribal bait dealers license.

(Amended by PBP TC No. 2017-335, October 26, 2017; amended by PBP TC No. 2020-123, April 8, 2020. Formerly 18-12-8)

18-12-10 Commercial Sale of Fish.

(A)    No person shall sell, barter, trade or offer to sell, barter or trade any fish taken from Reservation waters, without possessing a commercial license issued by the Tribal Police Fish and Wildlife Officer.

(B)    The taking of channel catfish, flathead catfish, blue catfish and spoonbill by commercial fishermen is prohibited.

(C)    No person shall sell, barter, trade or offer to sell, barter or trade any fish taken from Reservation waters, except persons operating a private fish hatchery.

(Amended by PBP TC No. 2017-335, October 26, 2017; amended by PBP TC No. 2020-123, April 8, 2020. Formerly 18-12-9)

18-12-11 Hoop Nets, Traps and Setlines.

(A)    Definitions.

(1)    Setline. Setline shall mean a string or cord that is anchored at one (1) point by an anchor weighing at least twenty-five (25) pounds or is attached to a fixed and immovable stake or object, does not have more than two (2) hooks, and is not associated with a hand-operated mechanical reel.

(B)    Restrictions.

(1)    License. Except tribal members, no person shall set, check, pull or operate any hoop net, trap or setline without possessing a valid tribal license or permit issued by the Tribal Police Fish and Wildlife Officer.

(2)    Size and Construction of Hoop Nets and Traps. Hoop nets must not be more than eighteen (18) feet long nor more than four (4) feet wide. No leads or wings are permitted. Only hoop nets constructed of fabric mesh with twine size number fifteen (15) or larger and slat catfish traps constructed of wood or synthetic slats with at least two (2) one and one-quarter (1-1/4) inch openings in each end are allowed. Wire fish traps are prohibited.

(3)    Species. Setlines may be used to take channel catfish, flathead catfish, blue catfish and nongame fish in Reservation waters. It is prohibited to take endangered or threatened fish. Any endangered or threatened fish must be released in the waters from where they were caught.

(4)    Checking. Setlines must be checked at least every seventy-two (72) hours.

(5)    Sale of Fish. Legal fish taken by hoop net, trap, or setlines from Reservation waters may be sold, bartered or traded pursuant to Section 18-12-10.

(6)    Unauthorized Use. No person may use or tend hoop nets, traps or setlines of another person.

(Amended by PBP TC No. 2017-335, October 26, 2017; amended by PBP TC No. 2020-123, April 8, 2020. Formerly 18-12-10)

18-12-12 Spearing.

(A)    Fish may be taken with spear, legal spear gun (a muscle-loaded device propelling a spear attached to a lanyard no more than twenty (20) feet long), crossbow and bow and arrow. Arrows may have only one (1) point, which must be barbed and attached to the bow by a line. Daily and possession limits are the same as and in combination with hook and line limits.

(B)    Nongame fish may be taken at any time.

(C)    All species of fish, except endangered or threatened fish, may be speared from sunrise to sunset during the season established by tribal proclamation.

(Amended by PBP TC No. 2017-335, October 26, 2017; amended by PBP TC No. 2020-123, April 8, 2020)

18-12-13 Landing Aids.

Landing nets, gaffs, and similar devices may be used as an aid in landing fish.

(Amended by PBP TC No. 2017-335, October 26, 2017; amended by PBP TC No. 2020-123, April 8, 2020)

18-12-14 Artificial Lights.

Artificial lights may be used as an aid in taking fish by legal methods.

(Amended by PBP TC No. 2017-335, October 26, 2017; amended by PBP TC No. 2020-123, April 8, 2020)

18-12-15 Fishing Interference.

(A)    No person shall willfully obstruct or impede the participation of any individual in the lawful activity of taking or attempting to take fish, or engage in an activity specifically intended to harass or prevent the lawful taking of fish.

(B)    The provisions of this section shall not apply to the actions of law enforcement officers and personnel of the PBPN government in the performance of their official duties and shall not obstruct or impede the legal rights and normal activities of landowners or tenants including, but not limited to, farming, ranching and the right to limit trespass.

(Amended by PBP TC No. 2017-335, October 26, 2017; amended by PBP TC No. 2018-286, October 10, 2018; amended by PBP TC No. 2020-123, April 8, 2020. Formerly 18-12-18)

18-12-16 Restrictions.

(A)    No person shall:

(1)    Deposit refuse in Reservation waters.

(2)    Leave or deposit fish on the shorelines of Reservation waters.

(3)    Empty receptacles containing bait into Reservation waters.

(4)    Transport or introduce fish or fish eggs into Reservation waters.

(5)    Release fish, reptiles, amphibians or crustaceans not native to the Reservation into Reservation waters without written authorization from the Tribal Police Fish and Wildlife Officer.

(6)    Possess, have under control, or maintain trammel nets, gill nets, or seines except legal minnow seines.

(7)    Sell, buy, or barter game fish.

(8)    Lend his or her license to another person or aid someone in securing a license fraudulently.

(Amended by PBP TC No. 2017-335, October 26, 2017; amended by PBP TC No. 2020-123, April 8, 2020. Formerly 18-12-19)