Chapter 10.05
FISHING – GENERAL PROVISIONS
Sections:
10.05.020 Declaration of policy.
10.05.010 Title.
This chapter through Chapter 10.15 CTC shall be known as the Chehalis Tribal Fishing Ordinance. [Res. 2016-17; Res. 2011-020; Res. 2006-63; Res. 1984-33. Prior code § 9.1.1.010.]
10.05.020 Declaration of policy.
It is the intent of the Chehalis Tribe to exercise control over its fishing rights and the fishery resources to the full extent permitted by the Tribe’s Constitution, Federal law, and by any other agreements or arrangements that ensure Tribal access to available fisheries and Tribal management and enhancement of the resource.
The purpose of this chapter through Chapter 10.15 CTC is to regulate fishing and related activities to ensure that fish continue to be available to the Tribe and its members for these essential uses, to provide revenue to the Tribal Fisheries Department through permit sales and taxation, and to eliminate or reduce regulation of Tribal fishing by the State of Washington and other agencies.
Fishing has always been essential to the Chehalis Tribe and its members for food, for commercial uses, and for ceremonial and religious uses. [Res. 2016-17; Res. 2011-020; Res. 2006-63; Res. 1984-33. Prior code § 9.1.1.020.]
10.05.030 Definitions.
The following definitions apply to the words below, when they appear in this chapter through Chapter 10.15 CTC:
“Beach seine” means fishing gear consisting of lead line, cork line, auxiliary line and mesh net webbing fashioned in such a manner that it can be used to encircle fish in waters adjacent to any beach, with the catch landed directly on the beach.
“Biologist” means any biologist or technician employed by the Tribe to give advice on the management and/or enhancement of the Tribal fishery.
“Buyer” means a person who purchases fish from the fisher who caught the fish.
“Ceremonial fishing” is the taking of fish, shellfish, or other fishery resources for use in traditional Tribal ceremonies and/or religious purposes, and is exclusive of fishing for subsistence and commercial purposes.
“Commercial fishing” is the taking of fish, shellfish, or other fishery resources with the intent to sell them or profit economically from them.
“Depth of net” means the total distance between cork and lead lines measured in meshes perpendicular to either cork or lead line.
“Drift net” (pole net) is a gill net which is not staked, anchored, or weighted but drifts free.
“Fisher” means any person exercising or purporting to exercise fishing rights or privileges under this chapter through Chapter 10.15 CTC.
“Fisheries enforcement officer(s)” means the person or persons charged with the responsibility of enforcing this chapter through Chapter 10.15 CTC and regulations adopted pursuant to this chapter through Chapter 10.15 CTC.
“Fishing gear” means all types and sizes of hooks, nets, spears, gaffs, lines, traps, appliances, and other apparatus used to take fish.
“Gill net” is a net of a single-web construction bound at the top by a float line and at the bottom by a weight line.
“Hand dip net” is a section of netting distended by a rigid frame, operated by a process commonly recognized as dipping. Such nets may be of any size.
“Hook and line” means a single line, attached to which are no more than two single-barbed hooks.
“Management period” means a time interval during which the majority of individuals of a fish species is accessible to capture. A management period is specified 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.
“Minor” means a Tribal member under the age of 18 years.
“Purse seine” means all types of gear consisting of a lead line, cork line, auxiliary line, purse line, and purse rings, and/or mesh net webbing fashioned in such a manner that it is used to encircle fish, and in addition prevent their escape under the bottom or lead line of the net by drawing in the bottom of the net by means of the purse line so that it forms a closed bag.
“Stretched measure” means the distance between the inside of one knot to the outside of the opposite (vertical) knot in one mesh. Measurement shall be taken when the mesh is stretched vertically while wet, by using a tension of 10 pounds on any three consecutive meshes, then measuring the middle mesh of the three while under tension.
“Subsistence fishing” is the taking of fish, shellfish or other fishery resources for personal consumption by Tribal members and their immediate families. Subsistence fishing is exclusive of fishing for commercial or ceremonial purposes.
“Test fishery” means a fishery allowed on a limited basis for the purpose of acquiring technical or management information, including run strength, timing, composition, gear selectivity, exploitation rate, and enhancement possibilities. [Res. 2011-020; Res. 2006-63; Res. 1984-33. Prior code § 9.1.1.030.]
10.05.040 Territory.
The provisions of this chapter through Chapter 10.15 CTC and the regulations adopted under them apply to the full extent of the sovereign jurisdiction of the Chehalis Tribe, including but not limited to Tribal lands, whether on or off the Reservation, usual and accustomed fishing places and other places that directly involve the exercise or protection of Tribal fishing rights and related activities. [Res. 2011-020; Res. 2006-63; Res. 1984-33. Prior code § 9.1.1.040.]
10.05.050 Persons.
The provisions of this chapter through Chapter 10.15 CTC and the regulations adopted under it apply as indicated to all persons eligible to fish under this chapter through Chapter 10.15 CTC, all persons who claim to exercise Chehalis Tribal fishing rights and to all persons within the boundaries of the Chehalis Indian Reservation. [Res. 2011-020; Res. 2006-63; Res. 1984-33. Prior code § 9.1.1.050.]