Chapter 10.25
HUNTING – GENERAL PROVISIONS
Sections:
10.25.020 Declaration of policy.
10.25.050 Violation of 18 U.S.C. Section 1165.
10.25.080 Emergency regulations.
10.25.090 General closure – Except Reservation.
10.25.010 Title.
This chapter through Chapter 10.35 CTC shall be known as the Chehalis Tribal Hunting Code. [Res. 2011-020; Res. 2006-63; Res. 1993-1; GC vote 9/12/1989. Prior code § 9.2.1.010.]
10.25.020 Declaration of policy.
It is the intent of the Chehalis Tribe to exercise control over its hunting rights and wildlife resources to the fullest extent, to protect the resources and to provide for the subsistence and ceremonial needs of the Chehalis Tribe.
Hunting has always been essential to the Chehalis Tribe and its members for food and for ceremonial and religious uses. [Res. 2011-020; Res. 2006-63; Res. 1993-1; GC vote 9/12/1989. Prior code § 9.2.1.020.]
10.25.030 Definitions.
The words below shall have the meanings set forth, when those words appear in this Hunting Code:
“Adult” means any person who is 18 years of age or older.
“Bag limit” means the maximum number of animals that may be taken, caught, killed, or possessed by any person, specified by code or regulation, for any particular period of time, and may include limits on size, sex, or species.
“Big game” means elk or wapiti, deer, mountain goat, cougar or mountain lion, black bear, and mountain sheep or bighorn.
“Closed area” means any place described or designated by regulation where it is unlawful to hunt.
“Closed season” means all times during the entire year except those times an “open season” is designated by regulation.
“Fish and wildlife officer,” “law enforcement,” and “law enforcement officer” mean any person authorized by the Chehalis Tribe to enforce this Hunting Code or Chehalis game regulations.
“Game animals” means wild animals other than “big game” animals that shall not be hunted except as authorized by regulation.
“Game birds” means all wild birds that shall not be hunted except as authorized by regulation.
“Hunt” and its derivatives, “hunting,” “hunted,” etc., and “trap” and its derivatives, “trapping,” etc., mean any effort to kill, injure, capture, or disturb a wild animal or wild bird.
“Open season” means those times, manners of taking and areas established by regulation for lawful hunting. “Open season” includes the first and last days of the established time, unless otherwise specified.
“Public roads” means those roads maintained by the Tribe, County or the State of Washington for public use.
“Regulation” means any rule or regulation promulgated by the Business Committee or the General Council.
“Revocation or suspension of hunting privileges” means the recall of all rights and privileges granted by a Chehalis Tribal Game Permit and tags and the loss of eligibility to apply for a Chehalis Tribal Game Permit and tags, for the duration specified by this Hunting Code or by order of the Court.
“Tag” means a card, label or other identification device issued for attachment to the carcass of any game animal.
“Wildlife” means all species of the animal kingdom except fish and domesticated animals. [Res. 2016-17; Res. 2011-020; Res. 2006-63; Res. 1993-1; GC vote 9/12/1989. Prior code § 9.2.1.030.]
10.25.040 Jurisdiction.
The provisions of this Hunting Code and the regulations adopted under it apply to the full extent of the sovereign jurisdiction of the Chehalis Tribe, including but not limited to Tribal lands and other places that directly involve the exercise or protection of Tribal hunting rights and related activities, whether on or off the Reservation.
The provisions of this Hunting Code and the regulations adopted under it apply as indicated to all persons eligible to hunt under this Hunting Code, all persons who claim to exercise Chehalis Tribal hunting rights and all persons within the jurisdiction of the Chehalis Tribe. [Res. 2016-17; Res. 2011-020; Res. 2006-63; Res. 1993-1; GC vote 9/12/1989. Prior code § 9.2.1.040.]
10.25.050 Violation of 18 U.S.C. Section 1165.
Any person who hunts within the jurisdiction of the Tribe in violation of the provisions of this Hunting Code or game regulations shall be deemed to be hunting within the jurisdiction of the Tribe without lawful authority or permission, as those terms are used in 18 U.S.C. Section 1165. [Res. 2016-17; Res. 2011-020; Res. 2006-63; Res. 1993-1; GC vote 9/12/1989. Prior code § 9.2.1.050.]
10.25.060 Chehalis Fish and Wildlife Committee.
Repealed by Res. 2018-36. [Res. 2016-17; Res. 2011-020; Res. 2006-63; Res. 1993-1; GC vote 9/12/1989. Prior code § 9.2.1.060.]
10.25.070 Annual regulations.
The Fish and Wildlife Committee shall submit the proposed annual and seasonal regulations to the General Council for review. If the General Council fails to approve, reject or modify a regulation within 30 days after submission, the regulation shall be considered to have been approved and it shall become effective and enforceable unless rejected or modified by the Business Committee within an additional seven days. The Business Committee may establish procedures consistent with this section to implement this section. All proposed and adopted regulations shall be prominently posted on the Reservation sufficiently in advance of applicable seasons to ensure adequate notice. The regulations may establish open seasons, areas closed or open to hunting or trapping, bag limits, limitations on methods of taking game, and other measures for the protection and wise harvest of game resources. [Res. 2011-020; Res. 2006-63; Res. 1993-1; GC vote 9/12/1989. Prior code § 9.2.1.070.]
10.25.080 Emergency regulations.
The Fish and Wildlife Committee may adopt emergency regulations when necessary to ensure proper management of the game resource. This includes the power to close a season when necessary for conservation or to meet other management goals. Emergency regulations shall be effective upon their issuance or according to their terms and shall remain effective according to their terms or until modified or rescinded by the Business Committee. No penalties shall be imposed for violation of emergency regulations until the violator has had actual notice of the regulations or until the regulation has existed for 24 hours, whichever occurs first. Regardless of this 24-hour period or presence or lack of actual notice, any regulation may be enforced from its effective time. [Res. 2011-020; Res. 2006-63; Res. 1993-1; GC vote 9/12/1989. Prior code § 9.2.1.080.]
10.25.090 General closure – Except Reservation.
The Chehalis Indian Reservation shall be open for hunting big game, small game, and game birds unless closed by regulation. All other areas are closed to hunting by persons eligible to exercise rights under this Hunting Code unless those areas have been specifically opened by regulations adopted pursuant to this Hunting Code. [Res. 2016-17; Res. 2011-020; Res. 2006-63; Res. 1993-1; GC vote 9/12/1989. Prior code § 9.2.1.090.]