Chapter 10.15 FISHING – ENFORCEMENT, VIOLATION AND PENALTIES

Except as specifically provided otherwise, Chapter 10.05 CTC through this chapter shall be enforced through civil rather than criminal procedures. The reasons for this are as follows:

A. The exercise of Tribal fishing rights by Tribal members has in recent years been administratively regulated by the Tribe through a permit process;

B. The Tribe does not regard violations of Chapter 10.05 CTC through this chapter as criminal acts nor does it regard its Tribal fishermen as criminals;

C. Chapter 10.05 CTC through this chapter impose no jail sentences for the violation of any of their provisions except those provisions specifically identified as criminal acts. [Res. 2011-020; Res. 2006-63; Res. 1984-33. Prior code § 9.1.13.010.]

10.15.020 Enforcement officers.

The Business Committee shall appoint one or more enforcement officers. It is the duty of every enforcement officer to enforce Chapter 10.05 CTC through this chapter and all regulations adopted under them. All officers are vested with the authority necessary to perform their duties including, but not limited to, the following:

A. To regularly patrol the Tribe’s usual and accustomed fishing area as well as any other areas where Tribal fishermen are authorized to exercise Tribal fishing rights;

B. To issue violation notices and citations;

C. To confiscate gear or other property directly used in violation of Chapter 10.05 CTC through this chapter;

D. To confiscate fish caught in violation of Chapter 10.05 CTC through this chapter;

E. To perform reasonable inspections of a fisher’s boat and gear at any location where Tribal fishing rights are being exercised, or where there is reason to believe that illegally taken fish are being held;

F. To perform reasonable inspections of a fisher’s permits and identification;

G. To stop and detain a fisher for a reasonable period necessary to conduct inspections, issue citations, confiscate gear or related duties;

H. To arrest and detain any individual who presents an immediate danger to the safety of persons exercising, enforcing, or protecting Tribal fishing rights. Detention of persons who have not been charged with committing a criminal act shall be in the least restrictive manner possible, and shall be limited in duration to the time necessary to eliminate any immediate danger, and in no event longer than eight hours. [Res. 2016-17; Res. 2011-020; Res. 2006-63; Res. 1984-33. Prior code § 9.1.13.020.]

10.15.030 Cross-deputization.

The Business Committee may enter an agreement with another tribe or state, Federal or county government providing for cross-deputization of fisheries patrol and/or other law enforcement officers. [Res. 2016-17; Res. 2011-020; Res. 2006-63; Res. 1984-33. Prior code § 9.1.13.030.]

10.15.040 Civil enforcement procedures.

A. Violation Notices. A violation notice is a written notice issued by an enforcement officer to a fisher that he or she has committed a violation.

1. Issuance. An enforcement officer may issue a violation notice whenever there are reasonable grounds to believe that a violation has been committed. The violation notice shall be signed by the enforcement officer and by the fisher. If the fisher refuses to sign, that shall be noted on the violation notice. A copy of the violation notice shall be given to the fisher. A copy shall also be sent to the Court Clerk for filing. The violation notice shall be filed at least two weeks before the scheduled hearing date shown on the notice.

2. Form. The form of the violations shall be determined by regulation of the Fish and Wildlife Committee. The violation notice must contain the following information:

a. Notice to the fisher that he or she has committed a violation;

b. Subsection of the chapter violated;

c. Date, time, and location of the violation;

d. Notice that he or she must appear at a Tribal Court hearing;

e. Date, time, and location of the hearing;

f. Warning that failure to appear may cause suspension of his or her right to fish;

If property was confiscated from the fishermen, the violation notice shall contain the following additional information:

g. Brief description of property confiscated;

h. Warning that failure to appear at the scheduled hearing may cause his or her property to be forfeited and sold.

3. Complaint. Any violation observed by someone other than an enforcement officer shall be reported to the Fisheries Manager on complaint forms provided by the Fish and Wildlife Committee. The complaint shall be filed with the Court Clerk and reviewed by Tribal Court on its scheduled hearing date. If the Court finds that there are reasonable grounds to believe a violation was committed, the fisher named in the complaint shall be sent a copy of the complaint, along with a violation notice. [Res. 2018-36; Res. 2011-020; Res. 2006-63; Res. 1984-33. Prior code § 9.1.13.040.]

10.15.050 Tribal Court procedures.

The Court procedures chapter (Chapters 3.05 through 3.20 CTC) shall apply to proceedings under Chapter 10.05 CTC through this chapter. Where there are inconsistencies between the two codes, the provisions of Chapter 10.05 CTC through this chapter shall apply. [Res. 2011-020; Res. 2006-63; Res. 1984-33. Prior code § 9.1.13.050.]

10.15.060 Civil hearing procedure.

Civil cases under Chapter 10.05 CTC through this chapter shall be heard by the Court under rules set forth in Chapter 10.05 CTC through this chapter.

A defendant in a civil fishing case has the following rights:

A. The right to be represented by a spokesperson at his or her own expense;

B. The right to have witnesses present on his or her behalf;

C. The right to confront witnesses against him or her; and

D. The right to appeal. [Res. 2011-020; Res. 2006-63; Res. 1984-33. Prior code § 9.1.13.051.]

10.15.070 Civil hearings – Burden of proof.

The Tribe has the burden of proving its case against the defendant by “the greater weight of the evidence.” [Res. 2011-020; Res. 2006-63; Res. 1984-33. Prior code § 9.1.13.053.]

10.15.080 Preliminary hearing – Time.

The defendant’s first appearance before the Court shall be known as a preliminary hearing. The preliminary hearing shall be scheduled no sooner than 10 days and no more than 60 days from the date the citation is issued. The defendant shall be notified of the hearing date and time either by the violation notice or by a notice of hearing issued by the Court Clerk. [Res. 2011-020; Res. 2006-63; Res. 1984-33. Prior code § 9.1.13.054.]

10.15.090 Preliminary hearing – Conduct.

The Tribe’s spokesperson or the judge shall inform the defendant of the allegations and possible penalties for the violation. The defendant may either:

A. Admit that he or she committed the violation, in which case the Court may enter judgment and assess a penalty; or

B. Deny that he or she committed the violation, in which case a trial date shall be set. [Res. 2011-020; Res. 2006-63; Res. 1984-33. Prior code § 9.1.13.055.]

10.15.100 Trial.

Trials in civil fishing cases shall be scheduled no less than 20 days and no more than 60 days from the date of the preliminary hearing. [Res. 2011-020; Res. 2006-63; Res. 1984-33. Prior code § 9.1.13.056.]

10.15.110 Continuances.

Any party may request a continuance for good cause and the Court, in its discretion, may grant the request. [Res. 2011-020; Res. 2006-63; Res. 1984-33. Prior code § 9.1.13.057.]

10.15.120 Decision of the Court.

The Court shall decide whether the Tribe has met its burden, based on the evidence presented at the trial. If so, the Court shall enter judgment against the defendant and shall assess a penalty in accordance with Chapter 10.05 CTC through this chapter. If the Tribe fails to meet its burden, the case shall be dismissed. [Res. 2011-020; Res. 2006-63; Res. 1984-33. Prior code § 9.1.13.058.]

10.15.130 Appeal.

The parties have the right to appeal the Court’s judgment whether the defendant committed the violation. [Res. 2016-17; Res. 2011-020; Res. 2006-63; Res. 1984-33. Prior code § 9.1.13.059.]

10.15.140 Seizure and disposition of fish and/or gear.

A. Seizure. Any fish, gear, or other property directly caught or used in violation of Chapter 10.05 CTC through this chapter may be confiscated by a Chehalis fisheries enforcement officer.

B. Inventory and Storage. Any gear or other property confiscated under this section shall be inventoried and stored in a secure place until disposed of by order of the Tribal Court. The owner of the property shall be given a copy of the inventory. Fish confiscated under this section shall be inventoried and sold. A copy of the fish ticket shall be given to the person from whom the fish was confiscated. The proceeds of the sale shall be placed in a separate account until disposed of by order of the Tribal Court.

C. Unclaimed Property. Fish, gear or other property confiscated under this section and for which there is no known owner shall be inventoried and stored as provided in subsection B of this section. A notice describing the property and the time and place of seizure shall be posted at prominent locations on the Reservation. The notice shall state that persons wishing to claim the property must do so by filing a written claim with the Fisheries enforcement officer within 45 days of the date the notice was posted. The officer shall file a copy of the claim with the Tribal Court and shall advise the claimant of his or her right to petition the Court for release of the property. Property for which a written claim is filed shall not be disposed of except by order of the Tribal Court. If property confiscated under this section is not claimed within 45 days of the posting of the notice, the property may be sold for the benefit of the Tribe upon order of the Tribal Court under subsection (F)(3) of this section.

D. Presumption of Owner’s Use. Unattended gear used in violation of Chapter 10.05 CTC through this chapter and seized under this section shall be presumed to have been placed by its owner in the location where it was seized.

E. Petition for Release. Any person who claims ownership of any property seized under this section may file a petition for release of the property with the Tribal Court. The person filing the petition may request an expedited hearing of the petition. The Court may order release of the seized property if it finds that the petitioner is the lawful owner of the property or has the right to its possession and that release is in the best interest of the fishing resource.

F. Disposition of Seized Property.

1. Upon Acquittal. If the person whose property has been seized is acquitted or charges are dismissed, the Court shall order immediate return of the property and the proceeds of the sale of all fish seized in connection with the charge in question.

2. Upon Conviction. If a person is convicted of violating a provision of Chapter 10.05 CTC through this chapter or regulations promulgated under it for which forfeiture of property is a possible penalty, the Court may order forfeiture to the Chehalis Tribe of any property seized. The convicted person shall be given the opportunity to present evidence to the Court as to why forfeiture would be inequitable.

3. Petition for Forfeiture. The Tribe may petition the Tribal Court for forfeiture of any property seized under this section that has not been disposed of under subsections (F)(1) and (F)(2) of this section. Notice of any forfeiture hearing shall be served upon any person claiming rights in the property or posted at prominent locations on the Reservation if such persons are unknown. [Res. 2016-17; Res. 2011-020; Res. 2006-63; Res. 1984-33. Prior code § 9.1.13.060.]

10.15.150 Penalties – General.

A. All penalties listed in this section are mandatory minimum penalties and shall be assessed unless the Court finds that the penalty would be unjust and that a lesser penalty would be in keeping with the policy and intent of Chapter 10.05 CTC through this chapter.

B. First, second, and subsequent violations shall be added up until there is a period of at least two calendar years since the person paid in full any fine or restitution ordered by the Court for his or her last violation. A violation that occurs after such a period shall be considered a first violation.

C. The General Council may establish a penalty schedule that may increase the penalties set or that may set forth more specifically the range of penalties for first and subsequent violations.

D. For second and subsequent violations and for any conservation violations (CTC 10.15.390 through 10.15.440) or criminal violation (CTC 10.15.450), the Court may impose one or a combination of the following penalties, in addition to the minimum penalty:

1. Community service for the benefit of the Tribe;

2. Forfeiture of all property, including fish, seized pursuant to CTC 10.15.140;

3. Restitution in the amount of the victim’s loss or the defendant’s gain;

4. Suspension or revocation of some or all fishing privileges and/or permits granted by the Tribe.

E. In no case shall any fine exceed $500.00 for any one violation. Jail time shall not be imposed as a penalty except where specifically authorized for criminal acts.

F. When restitution is imposed as a penalty, a hearing separate from the defendant’s trial shall be held to determine the amount of restitution to be paid.

G. Money collected as fines in fishing cases shall be deposited in a special Tribal account. The funds shall be allocated 50 percent for fisheries enhancement activities through the Fisherman’s Fund account and 50 percent for the Tribal Court. [Res. 2016-17; Res. 2011-020; Res. 2006-63; GC vote 4/18/1989; Res. 1986-01; Res. 1984-33. Prior code § 9.1.14.010.]

10.15.160 Payment of fine in lieu of court appearance.

The first time a person is cited for any offense listed in this section, the person may pay the fine specified for a first violation in lieu of appearing before the Court. Appearance in court is mandatory unless the fine is paid in full prior to the scheduled court date. Payment of a fine constitutes an admission by the person that he or she committed the violation and shall be reflected as such on the person’s court record.

SECTION	OFFENSE	FINE FOR FIRST VIOLATION
CTC 10.15.170	Unauthorized Gear	$30.00
CTC 10.15.180	Improper Lighting Equipment	$30.00
CTC 10.15.190	Improperly Marked Gear	$30.00
CTC 10.15.200	No Valid I. D.	$30.00
CTC 10.15.220	Life Jackets	$25.00
CTC 10.15.320	Interfering with Set Net Priorities	$100.00
CTC 10.15.360	Assisting Violations	Fine equal to the illegal activity assisted.
CTC 10.15.370	Permitting Nonmember to Fish	$50.00

NOTE: The fine for an assisting violation may be paid in lieu of a court appearance only if the main offense is one listed in this section.

[Res. 2011-020; Res. 2006-63; Res. 1986-01; Res. 1984-33. Prior code § 9.1.14.015.]

10.15.170 Unauthorized gear.

Any fisher who uses gear that is not authorized by Chapter 10.05 CTC through this chapter or regulations adopted under it shall be fined $30.00 for a first violation. Each subsequent violation shall carry a $50.00 fine. [Res. 2011-020; Res. 2006-63; Res. 1984-33. Prior code § 9.1.14.020.]

10.15.180 Improper lighting equipment.

Any fisher who uses a boat or gear that does not have proper and operational lighting equipment shall be fined $30.00 plus suspension of fishing time until the lighting equipment is inspected and approved by an enforcement officer. [Res. 2016-17; Res. 2011-020; Res. 2006-63; Res. 1984-33. Prior code § 9.1.14.030.]

10.15.190 Improperly marked gear.

Any fisher who uses a boat or gear that is not properly marked, as required by Chapter 10.05 CTC through this chapter or regulations adopted under them, shall be fined $30.00 for a first violation. Each subsequent violation shall carry a $30.00 penalty plus suspension of fishing time until the boat or gear is inspected and approved by an enforcement officer. [Res. 2011-020; Res. 2006-63; Res. 1984-33. Prior code § 9.1.14.040.]

10.15.200 No valid identification.

Any fisher who fails to produce current and valid identification upon request of an enforcement officer shall be fined $30.00. A second violation shall carry a penalty of $30.00 plus suspension of fishing time until current and valid Tribal identification is inspected and approved by an enforcement officer, plus suspension of six fishing hours after such approval is obtained. [Res. 2011-020; Res. 2006-63; Res. 1984-33. Prior code § 9.1.14.050.]

10.15.210 Possession of alcohol or drugs.

Any fisher who uses or has in his or her possession while he or she is fishing any alcoholic beverages or containers or marijuana or other hallucinogenic drugs shall be fined $100.00 plus confiscation and forfeiture of the illegal property for a first violation. Each subsequent violation shall carry the same penalty plus suspension of 12 hours’ fishing time. [Res. 2011-020; Res. 2006-63; Res. 1984-33. Prior code § 9.1.14.060.]

10.15.220 Life jackets.

Any fisher who operates a boat on which a person under 14 years of age is not wearing a life jacket shall be fined $25.00 for the first violation. A second violation shall carry the same penalty plus suspension of 12 hours’ fishing time. Each subsequent violation shall carry the same penalty as the first violation plus suspension of 24 hours’ fishing time. [Res. 2011-020; Res. 2006-63; Res. 1984-33. Prior code § 9.1.14.070.]

10.15.230 No valid permit.

Any fisher who does not have in his or her immediate possession a current and valid Tribal fishing permit for the fishing activity in which he or she is engaged and any person who sells fish caught under Chapter 10.05 CTC through this chapter by a person with no current, valid fishing permit shall be fined $50.00 plus suspension of fishing time until a current and valid permit is inspected and approved by an enforcement officer. Failure to produce a current and valid permit upon request of an enforcement officer shall be a violation under this section. Each subsequent violation shall carry the same penalty plus suspension of 24 hours’ fishing time after inspection and approval of the permit. [Res. 2011-020; Res. 2006-63; Res. 1984-33. Prior code § 9.1.14.080.]

10.15.240 Reserved.

[Res. 2011-020; Res. 2006-63. Prior code § 9.1.14.090.]

10.15.250 Reckless boating.

Any fisher who operates a boat while under the influence of alcohol or other drugs as determined by a Fish and Wildlife Committee-approved field sobriety test shall be fined $100.00. A second violation shall carry the same penalty plus suspension of up to five days’ fishing time. Each subsequent violation shall carry the same penalty as a first violation plus suspension of up to 10 days’ fishing time. If a violation was the result of negligence only, any money penalty or loss of fishing time may be suspended on the condition that restitution is paid to the victim. [Res. 2018-36; Res. 2016-17; Res. 2011-020; Res. 2006-63; Res. 1984-33. Prior code § 9.1.14.100.]

10.15.260 Dual benefits.

Any fisher who exercises Tribal fishing rights of any other tribe shall be suspended from fishing until proof of relinquishment of the other tribe’s fishing privileges is provided to the Fisheries Manager. Each subsequent violation shall carry the penalty of revocation of Tribal fishing privileges. [Res. 2016-17; Res. 2011-020; Res. 2006-63; Res. 1984-33. Prior code § 9.1.14.110.]

10.15.270 Failure to pay fish tax.

Any fisher who fails to pay, according to terms set by Chapter 10.05 CTC through this chapter or regulation adopted under them, tax owed on all fish sold to a fish buyer, regardless of whether such fish were obtained legally or illegally, shall be suspended from fishing until the tax owed is paid in full, unless an alternative payment plan is agreed to by the Fisheries Manager. Each subsequent violation shall carry the same penalty plus 10 percent interest on the balance owed, compounded monthly. [Res. 2011-020; Res. 2006-63; Res. 1984-33. Prior code § 9.1.14.120.]

10.15.280 Reserved.

[Res. 2011-020; Res. 2006-63. Prior code § 9.1.14.130.]

10.15.290 Unauthorized removal of fish from net.

Any fisher who removes fish from the fishing net of another fisher, without authorization, shall be fined $100.00 plus restitution to the victim, plus suspension of up to nine days’ fishing time or until proof of restitution is submitted to the Fisheries Manager, whichever is longer. Each subsequent violation shall carry a penalty of revocation of Tribal fishing privileges under such conditions as the Court considers appropriate. [Res. 2011-020; Res. 2006-63; Res. 1984-33. Prior code § 9.1.14.140.]

10.15.300 Giving false information.

Any person who knowingly gives false information to the Tribal Court on any matter that is pending before it or who knowingly provides false information to be recorded onto a fish ticket shall be fined $100.00 for each violation. [Res. 2011-020; Res. 2006-63; Res. 1984-33. Prior code § 9.1.14.150.]

10.15.310 Violation of court order.

Any fisher who fails to comply with an order of the Tribal Court shall be fined $60.00. Each subsequent violation shall carry the penalty of revocation of Tribal fishing privileges under such conditions as the Court considers appropriate. [Res. 2016-17; Res. 2011-020; Res. 2006-63; Res. 1984-33. Prior code § 9.1.14.160.]

10.15.320 Interfering with set net priorities.

Any fisher who interferes with set net priorities established by Chapter 10.05 CTC through this chapter, or by regulations adopted under them, shall be fined $100.00. Each subsequent violation shall carry a penalty of suspension of Tribal fishing privileges under such conditions as the Court considers appropriate. [Res. 2011-020; Res. 2006-63; Res. 1984-33. Prior code § 9.1.14.170.]

10.15.330 Failure to appear.

Any person who fails to appear in Tribal Court at the time and place specified in a citation, summons, notice, order or other lawful document issued in enforcement of Chapter 10.05 CTC through this chapter and the regulations adopted under it may be suspended from exercising fishing privileges until he or she appears as required and shall be fined $30.00. Any confiscated fish or gear may be forfeited and sold for the benefit of the Tribe. [Res. 2011-020; Res. 2006-63; Res. 1984-33. Prior code § 9.1.14.180.]

10.15.340 Vandalism of fishing gear.

Any person who willfully and without authorization damages or destroys a fishing net, boat or other fishing gear not his or her own shall be fined $100.00, plus he or she shall be ordered to pay restitution in the amount of the victim’s loss. [Res. 2011-020; Res. 2006-63; Res. 1984-33. Prior code § 9.1.14.190.]

10.15.350 Theft of fishing gear.

Any person who takes or uses a net, boat, or other fishing gear owned by someone who has not authorized the taking or use shall be fined $250.00 if the property is valued at less than $250.00 and shall be fined $500.00 if the property is valued at $250.00 or more. The defendant may also be ordered to pay restitution in the amount of the victim’s loss. [Res. 2011-020; Res. 2006-63; Res. 1984-33. Prior code § 9.1.14.200.]

10.15.360 Assisting violations.

Any person who assists another person in violating any provision of Chapter 10.05 CTC through this chapter or regulations adopted under it, knowing that the person assisted is in violation, shall be fined an amount equal to the fine for the illegal activity assisted. [Res. 2011-020; Res. 2006-63; Res. 1984-33. Prior code § 9.1.14.210.]

10.15.370 Permitting unauthorized nonmember to fish.

Any person who permits a nonmember who is not authorized to fish under Chapter 10.05 CTC through this chapter to participate in the Chehalis Tribal fishery shall be fined $50.00. Each subsequent violation shall carry a fine of $75.00 plus suspension of fishing privileges under such conditions as the Court considers appropriate. [Res. 2011-020; Res. 2006-63; Res. 1984-33. Prior code § 9.1.14.220.]

10.15.380 Illegal net mesh size.

Any person who uses a net with a mesh size that is not authorized by Chapter 10.05 CTC through this chapter or regulations adopted under it shall be fined $50.00 for a first violation. Each subsequent violation shall carry a fine of $50.00 plus suspension of fishing privileges until the fisher’s net is inspected and approved by an enforcement officer. [Res. 2011-020; Res. 2006-63; Res. 1984-33. Prior code § 9.1.14.230.]

10.15.390 Exceeding catch quota.

Any person who exceeds any catch quota established by regulations adopted under Chapter 10.05 CTC through this chapter shall be fined $100.00 for a first violation. Each subsequent violation shall carry a fine of $100.00 plus suspension of fishing privileges under such conditions as the Court considers appropriate. [Res. 2011-020; Res. 2006-63; Res. 1984-33. Prior code § 9.1.14.240.]

10.15.400 Exceeding allowable number of nets.

Any person who uses more nets than the number authorized by Chapter 10.05 CTC through this chapter or regulations adopted under it shall be fined $100.00. Subsequent violations shall carry a fine of $100.00 and gear confiscated pursuant to CTC 10.15.140 may be forfeited and sold for the benefit of the Tribe. [Res. 2011-020; Res. 2006-63; Res. 1984-33. Prior code § 9.1.14.250.]

10.15.410 Wasting fish.

Any fisher who fails to properly care for captured fish in such a manner that substantial deterioration in commercial or food value of the fish results shall be fined $50.00 plus suspension of fishing time until restitution is made to the Tribe in the amount of tax due on the estimated commercial value of the fish had they not been wasted. Each subsequent violation shall carry a penalty of suspension of Tribal fishing privileges under such conditions as the Court considers appropriate. [Res. 2011-020; Res. 2006-63; Res. 1984-33. Prior code § 9.1.14.260.]

10.15.420 Failure to check set net.

Any fisher who sets a net, but does not check it within 24 hours and remove any fish caught in it shall be fined $30.00 for a first violation. Each subsequent violation shall carry a penalty of $30.00 plus suspension of 24 hours’ fishing time. [Res. 2011-020; Res. 2006-63; Res. 1984-33. Prior code § 9.1.14.270.]

10.15.430 Fishing in closed waters.

Any fisher who fishes in any area that is not open for fishing by Tribal regulation shall be fined $200.00. A second violation shall carry a penalty of suspension of 10 days’ fishing time. A third violation shall carry a penalty of suspension of Tribal fishing privileges for 10 or more days’ fishing time under such conditions as the Court considers appropriate. [Res. 2011-020; Res. 2006-63; Res. 1984-33. Prior code § 9.1.14.280.]

10.15.440 Fishing in protected spawning area.

Any fisher who fishes in any area designated by the Fisheries Manager as a protected spawning area shall be fined $500.00 plus revocation of Tribal fishing privileges, and any gear confiscated pursuant to CTC 10.15.140 may be forfeited and sold for the benefit of the Tribe. [Res. 2011-020; Res. 2006-63; Res. 1984-33. Prior code § 9.1.14.290.]

10.15.450 Criminal violations.

The violations set forth in this section through CTC 10.15.480 shall be considered criminal acts. The criminal procedures in Chapter 3.30 CTC shall govern Tribal Court proceedings for the violations set forth in this section through CTC 10.15.480. [Res. 2016-17; Res. 2011-020; Res. 2006-63; Res. 1984-33. Prior code § 9.1.14.300.]

10.15.460 Obstructing officer or fisheries management personnel.

Any person who willfully interferes with or obstructs any fisheries enforcement officer or fisheries management personnel engaged in the lawful performance of his or her duties shall be fined $50.00 plus suspension of fishing privileges for a period of seven days. Each subsequent violation shall carry a penalty of $100.00 plus suspension of fishing privileges of a period of up to 14 days. Jail time of up to one month may be imposed for first or subsequent violations. [Res. 2011-020; Res. 2006-63; Res. 1984-33. Prior code § 9.1.14.310.]

10.15.470 Assault.

Any person who willfully inflicts or attempts to inflict bodily harm upon another person while one or both persons are engaged in any fishing activity shall be fined $100.00. Each subsequent violation shall carry a penalty of $200.00 plus suspension of fishing privileges for a period of up to 14 days. Jail time of up to two months may be imposed for the first or subsequent violations. [Res. 2011-020; Res. 2006-63; Res. 1984-33. Prior code § 9.1.14.320.]

10.15.480 Assault against a fisheries enforcement officer.

Any person who willfully inflicts or attempts to inflict bodily harm upon a fisheries enforcement officer shall be fined $200.00 plus suspension of fishing privileges under such conditions as the Court considers appropriate. Jail time of up to two months may be imposed. [Res. 2011-020; Res. 2006-63; Res. 1984-33. Prior code § 9.1.14.330.]

10.15.490 Sentence for subsequent violations.

SECTION	FISHING OFFENSES	SENTENCE FOR SUBSEQUENT VIOLATIONS
10.15.170	Unauthorized Gear	$50.00
10.15.180	Improper Lighting Equipment	$30.00 and suspension until equip/m inspected and approved by an enforcement officer.
10.15.190	Improperly Marked Gear	$30.00 and suspension until boat or gear inspected and approved by an enforcement officer.
10.15.200	No Valid I.D.	$30.00 and suspension until current valid Tribal I.D. is inspected and approved by an enforcement officer.
10.15.210	Possession of Alcohol or Drugs	$100.00 and confiscation and forfeiture and suspension of 12 hours’ fishing time. Subsequent violations carry $25.00 fine and suspension of 24 hours’ fishing time.
10.15.220	Life Jackets	Second violation carries $25.00 fine and suspension of 12 hours’ fishing time. Subsequent violations carry $25.00 fine and suspension of 24 hours’ fishing time.
10.15.230	No Valid Permit	$50.00 and suspension of fishing item until current, valid permit is inspected and approved by an enforcement officer and suspension of 24 hours’ fishing time thereafter.
10.15.250	Reckless Boating	Second violation carries a $100.00 fine and suspension of up to 5 days’ fishing time. Subsequent violations carry $100.00 fine and suspension of up to 10 days’ fishing time.
10.15.260	Dual Benefits	Revocation of Tribal fishing privileges.
10.15.270	Failure to Pay Fish Tax	Suspension from fishing until the tax owed and 10 percent interest on balance, compounded monthly, is paid unless an alternative payment plan is agreed to by the Fisheries Mgr.
10.15.290	Unauthorized Removal of Fish from Net	Revocation of Tribal fishing privileges under such conditions as the Court considers appropriate.
10.15.300	Giving False Information	$100.00
10.15.310	Violation of Court Order	Revocation of Tribal fishing privileges under such conditions as the Court considers appropriate.
10.15.320	Interfering with Set Net Priorities	Suspension of Tribal fishing privileges under such conditions as the Court considers appropriate.
10.15.330	Failure to Appear	May be suspended from fishing privileges until court appearance, and shall be fined $30.00. Any confiscated fish or gear may be forfeited and sold for the benefit of the Tribe.
10.15.340	Vandalism of Fishing Gear	$100.00 and shall be ordered to pay restitution in the amount of the victim’s loss.
10.15.350	Theft of Fishing Gear	$250.00 fine if property is valued at less than $250.00. Or $500.00 fine if property is valued at $250.00 or more. May be ordered to pay restitution in the amount of the victim’s loss.
10.15.360	Assisting Violations	Fine of an amount equal to the fine for the illegal activity assisted.
10.15.370	Permitting Unauthorized Nonmember to Fish	$75.00 and suspension of fishing privileges under such conditions as the Court considers appropriate.
10.15.380	Illegal Net Mesh Size	$50.00 and suspension of fishing privileges until the net is inspected and approved by enforcement officer.
10.15.390	Exceeding Catch Quota	$100.00 and suspension of fishing privileges under such conditions as the Court considers appropriate.
10.15.400	Exceeding Allowable Number of Nets	$100.00. May be forfeiture of gear confiscated pursuant to CTC 10.15.140.
10.15.410	Wasting Fish	Suspension of Tribal fishing privileges under such conditions as the Court considers appropriate.
10.15.420	Failure to Check Set Net	$30.00 and suspension of 24 hours’ fishing time.
10.15.430	Fishing in Closed Waters	Second violation carries suspension of 10 days’ fishing time. Third violation carries suspension of fishing privileges for 10 or more days’ fishing time under such conditions as the Court considers appropriate.
10.15.440	Fishing in Protected Spawning Area	$500.00 and revocation of Tribal fishing privileges, may be forfeiture of any gear confiscated pursuant to CTC 10.15.140.
10.15.450	Criminal Violations	See Chehalis Criminal Code.
10.15.460	Obstructing Officer or Fisheries Management Personnel	$100.00 and suspension of fishing privileges for up to 14 days. Up to 1 month in jail.
10.15.470	Assault	$200.00 and suspension of fishing privileges for up to 14 days. Up to 2 months’ jail time.
10.15.480	Assault Against a Fisheries Enforcement Officer	$200.00 and suspension of fishing privileges under such conditions as the Court considers appropriate. Up to 2 months’ jail time.

[Res. 2016-17; Res. 2011-020; Res. 2006-63.]

10.15.500 Enforcement of civil fine.

A judgment of the Tribal Court imposing a fine shall become a lien on any property of the defendant that is located within the Court’s jurisdiction. The lien may be foreclosed by seizure and sale of the property according to the following procedure:

A. The Tribe shall ask the judge for an order of execution. The judge shall issue an order that directs a Tribal law enforcement officer to seize property belonging to the violator. The property to be seized shall be described as specifically as possible in the order.

B. The officer shall promptly carry out the order of execution by seizing any property described. The officer shall return a copy of the order to the Court together with a statement indicating when and where the property was seized and describing the property. The officer shall deliver a copy of the order and an inventory of all property to the person who was in possession of the property at the time it was seized. If the owner of the property cannot be found, the officer shall post the order and inventory at the place where the property was found and at two public places on the Reservation.

C. Unless the violator pays the total amount of the fine plus interest of two percent each month on the unpaid balance plus the costs of enforcing the fine within five days after the property is seized pursuant to this section, the property seized shall be sold. Sale may be by negotiations if the sale price received from this sale is at least that owed by the violator. Any money in excess of that owed by the violator shall be returned to the violator. The remainder shall be paid to the Chehalis Tribe. [Res. 2016-17; Res. 2011-020; Res. 2006-63; Res. 1984-33. Prior code § 9.1.15.010.]