Chapter 10.35 HUNTING – ENFORCEMENT, VIOLATION AND PENALTIES

Except as specifically provided otherwise, this Hunting Code shall be enforced through civil rather than criminal procedures. The reasons for this are as follows:

A. Unlawful hunting harms the whole Tribal community. The penalties set forth in this Hunting Code are intended to be compensatory rather than punitive; and

B. This Hunting Code imposes no jail sentences for the violation of any of its provisions except those provisions specifically identified as criminal acts. [Res. 2016-17; Res. 2011-020; Res. 2006-63; Res. 1993-1; GC vote 9/12/1989. Prior code § 9.2.3.010.]

10.35.020 Law enforcement.

The Business Committee shall appoint one or more fish and wildlife officers. It is the duty of every fish and wildlife officer to enforce this Hunting Code and all regulations adopted under them. All fish and wildlife officers and Tribal law enforcement officers are vested with the authority necessary to perform their duties including, but not limited to, the following:

A. To regularly patrol the areas where Tribal members hunt;

B. To issue violation notices and citations;

C. To confiscate property directly used in violation of this Hunting Code;

D. To confiscate wildlife caught in violation of this Hunting Code;

E. To perform reasonable inspections of a hunter’s vehicle, weapons and related gear at any location where Tribal hunting rights are exercised, or where there is reason to believe that wildlife that has been taken illegally is located;

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

G. To stop and detain a hunter 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 hunting rights. [Res. 2016-17; Res. 2011-020; Res. 2006-63; Res. 1993-1; GC vote 9/12/1989. Prior code § 9.2.3.020.]

10.35.030 Seizure.

Any wildlife, wildlife parts, weapons, or other property directly used in violation of this Hunting Code may be confiscated by law enforcement. [Res. 2016-17; Res. 2011-020; Res. 2006-63; Res. 1993-1; GC vote 9/12/1989. Prior code § 9.2.4.010.]

10.35.040 Inventory and storage.

Any property confiscated under this Hunting Code 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. Any person who has had perishable meat seized under the authority of this Hunting Code may elect to have the meat frozen and stored and to have the animal caped, at the hunter’s expense; or to have the Fish and Wildlife Committee dispose of the meat for Tribal purposes pending the outcome of Court proceedings. [Res. 2016-17; Res. 2011-020; Res. 2006-63; Res. 1993-1; GC vote 9/12/1989. Prior code § 9.2.4.020.]

10.35.050 Unclaimed property.

Property confiscated under this Hunting Code for which there is no known owner shall be inventoried and stored as provided in CTC 10.35.040. 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 law enforcement within 45 days of the date the notice was posted. The officer shall file a copy of the claim with the Court. 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 Hunting Code is not claimed within 45 days of the posting of the notice, the property may be disposed of for the benefit of the Tribe upon order of the Tribal Court. [Res. 2016-17; Res. 2011-020; Res. 2006-63; Res. 1993-1; GC vote 9/12/1989. Prior code § 9.2.4.030.]

10.35.060 Presumption of owner’s use.

Unattended gear used in violation of this Hunting Code and seized under this Hunting Code shall be presumed to have been placed by its owner in the location where it was seized. [Res. 2016-17; Res. 2011-020; Res. 2006-63; Res. 1993-1; GC vote 9/12/1989. Prior code § 9.2.4.040.]

10.35.070 Petition for release.

Any person who claims ownership of any property seized under this Hunting Code 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 wildlife resource. [Res. 2016-17; Res. 2011-020; Res. 2006-63; Res. 1993-1; GC vote 9/12/1989. Prior code § 9.2.4.050.]

10.35.080 Disposition of seized property.

A. Upon Acquittal. If the person whose property has been seized is acquitted or charges are dismissed, the Court shall order the frozen meat and/or caped animal shall be returned or, if the meat was disposed of by the Fish and Wildlife Committee, the person shall be issued a permit to bag a replacement animal. Other property seized shall be returned to the defendant.

B. Upon Conviction. If a person is convicted of violating a provision of this Hunting Code 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. [Res. 2016-17; Res. 2011-020; Res. 2006-63; Res. 1993-1; GC vote 9/12/1989. Prior code § 9.2.4.060.]

10.35.090 Petition for forfeiture.

The Tribe may petition the Tribal Court for forfeiture of any property seized under this Hunting Code that has not been disposed of under this Hunting Code. 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. 1993-1; GC vote 9/12/1989. Prior code § 9.2.4.070.]

10.35.100 Violation notices.

A violation notice is a written notice issued by a law enforcement officer to a hunter that he or she has committed a violation.

A. Issuance. A law 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 law enforcement officer and by the hunter. If the hunter refuses to sign, that shall be noted on the violation notice. A copy of the violation notice shall be given to the hunter. 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.

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

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

2. Subsection of the chapter violated;

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

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

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

6. Warning that failure to appear may cause suspension of his or her hunting privilege.

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

7. Brief description of property confiscated; and

8. A warning that failure to appear at the hearing may cause his or her property to be forfeited and sold. [Res. 2011-020; Res. 2006-63; Res. 1993-1; GC vote 9/12/1989. Prior code § 9.2.5.010.]

10.35.110 Complaint.

Any violation observed by someone other than a law enforcement officer shall be reported to law enforcement on complaint forms provided by law enforcement. The complaint shall be filed with the Court Clerk and reviewed by the Tribal Court on its scheduled hearing date. If the Court finds that there are reasonable grounds to believe a violation was committed, the hunter named in the complaint shall be sent a copy of the complaint, along with a violation notice. [Res. 2011-020; Res. 2006-63; Res. 1993-1; GC vote 9/12/1989. Prior code § 9.2.5.020.]

10.35.120 Tribal Court procedures.

Court procedures (Chapters 3.05 through 3.20 CTC) shall apply to proceedings under this Hunting Code. Where there are inconsistencies between the two, the provisions of this Hunting Code shall apply. [Res. 2016-17; Res. 2011-020; Res. 2006-63; Res. 1993-1; GC vote 9/12/1989. Prior code § 9.2.5.030.]

10.35.130 Civil hearing procedure.

Civil cases under this Hunting Code shall be heard by the Court under rules set forth in this Hunting Code. A defendant in a civil hunting 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. 2016-17; Res. 2011-020; Res. 2006-63; Res. 1993-1; GC vote 9/12/1989. Prior code § 9.2.5.040.]

10.35.140 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. 1993-1; GC vote 9/12/1989. Prior code § 9.2.5.050.]

10.35.150 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. 1993-1; GC vote 9/12/1989. Prior code § 9.2.5.060.]

10.35.160 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. 1993-1; GC vote 9/12/1989. Prior code § 9.2.5.070.]

10.35.170 Trial.

Trials in civil hunting 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. 1993-1; GC vote 9/12/1989. Prior code § 9.2.5.080.]

10.35.180 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. 1993-1; GC vote 9/12/1989. Prior code § 9.2.5.090.]

10.35.190 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 this Hunting Code. If the Tribe fails to meet its burden, the case shall be dismissed. [Res. 2016-17; Res. 2011-020; Res. 2006-63; Res. 1993-1; GC vote 9/12/1989. Prior code § 9.2.5.100.]

10.35.200 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. 1993-1; GC vote 9/12/1989. Prior code § 9.2.5.110.]

10.35.210 Hunting – Permits and tags.

Any person who fails to obtain a valid permit and tags required by regulation has committed a civil violation and shall be assessed:

A. A mandatory, minimum civil fine of $250.00;

B. The maximum civil fine that may be imposed is $1,000. [Res. 2016-17; Res. 2011-020; Res. 2006-63; Res. 1993-1; GC vote 9/12/1989. Prior code § 9.2.6.010.]

10.35.220 Hunting – Permit and tags in possession.

Any person who has obtained a valid permit and tags required by this Hunting Code or Tribal regulation but who does not have the permit and tags in his or her possession while hunting or transporting wildlife has committed a civil violation and shall be assessed:

A. A mandatory, minimum civil fine of $150.00;

B. The maximum civil fine that may be imposed is $500.00. [Res. 2016-17; Res. 2011-020; Res. 2006-63; Res. 1993-1; GC vote 9/12/1989. Prior code § 9.2.6.020.]

10.35.230 Persons barred from obtaining a permit and tag.

A. Any person who meets either of the following criteria is barred from obtaining a hunting permit and tags:

1. Any person who is prohibited from carrying or possessing a firearm under Tribal, State, or Federal law. This subsection shall not apply to State or Federal hunting convictions where the prosecution was based primarily on the exercise of Tribal hunting rights.

2. Any person who fails to pay all hunting fines assessed by the Court within the time periods set by the Court. A person who is current in his or her Court ordered time payments is not barred from obtaining a hunting permit and tags.

B. It is a civil violation to obtain or attempt to obtain a permit or tags when barred under this section. A person who violates this subsection shall be assessed:

1. A mandatory, minimum civil fine of $250.00;

2. The maximum civil fine that may be imposed is $500.00. [Res. 2016-17; Res. 2011-020; Res. 2006-63; Res. 1993-1; GC vote 9/12/1989. Prior code § 9.2.6.030.]

10.35.240 Hunting – During closed season.

Any person who hunts during a closed season as established by this Hunting Code or by regulation has committed a civil violation and shall be assessed:

A. A mandatory, minimum civil fine of $500.00;

B. The maximum civil fine that may be imposed is $1,000. [Res. 2016-17; Res. 2011-020; Res. 2006-63; Res. 1993-1; GC vote 9/12/1989. Prior code § 9.2.6.040.]

10.35.250 Hunting in closed areas.

Any person who hunts within the boundaries of a closed area designated by this Hunting Code or by regulation, has committed a civil violation and shall be assessed:

A. A mandatory, minimum civil fine of $100.00;

B. The maximum civil fine that may be imposed is $1,000. [Res. 2016-17; Res. 2011-020; Res. 2006-63; Res. 1993-1; GC vote 9/12/1989. Prior code § 9.2.6.050.]

10.35.260 Bag limits.

Any person who exceeds the bag limit set by regulation has committed a civil violation and shall be assessed a mandatory, minimum civil fine of $250.00. [Res. 2011-020; Res. 2006-63; Res. 1993-1; GC vote 9/12/1989. Prior code § 9.2.6.060.]

10.35.270 Reporting bagged game.

Any person who fails to report the species, sex and location of all game, except birds, killed by that person, to law enforcement or the Fish and Wildlife Committee, has committed a civil violation and shall be assessed:

A. A mandatory, minimum civil fine of $500.00;

B. The maximum civil fine that may be imposed is $1,000. [Res. 2016-17; Res. 2011-020; Res. 2006-63; Res. 1993-1; GC vote 9/12/1989. Prior code § 9.2.6.070.]

10.35.280 Trap inspection.

Any person who fails to inspect any trap or trapline he or she has set and such failure results in spoilage of game has committed a civil violation and shall be assessed:

A. A mandatory, minimum civil fine of $100.00;

B. The maximum civil fine that may be imposed is $250.00. [Res. 2016-17; Res. 2011-020; Res. 2006-63; Res. 1993-1; GC vote 9/12/1989. Prior code § 9.2.6.080.]

10.35.290 Wasting big game.

Any person who kills big game and causes it to go to waste has committed a civil violation and shall be assessed the maximum civil fine that may be imposed: $250.00. [Res. 2016-17; Res. 2011-020; Res. 2006-63; Res. 1993-1; GC vote 9/12/1989. Prior code § 9.2.6.090.]

10.35.300 Wasting game birds or game animals.

Reserved. [Res. 2011-020; Res. 2006-63; Res. 1993-1; GC vote 9/12/1989. Prior code § 9.2.6.100.]

10.35.310 Selling wildlife.

Reserved. [Res. 2011-020; Res. 2006-63; Res. 1993-1; GC vote 9/12/1989. Prior code § 9.2.6.110.]

10.35.320 Transporting big game without proper tag.

Reserved. [Res. 2011-020; Res. 2006-63; Res. 1993-1; GC vote 9/12/1989. Prior code § 9.2.6.120.]

10.35.330 Transporting loaded firearms.

Reserved. [Res. 2011-020; Res. 2006-63; Res. 1993-1; GC vote 9/12/1989. Prior code § 9.2.6.130.]

10.35.340 Shooting firearms across public roads.

Any person, except authorized law enforcement officers, who discharges a firearm from, across or along the maintained portion of a public road has committed a civil violation and shall be assessed:

A. A minimum, mandatory civil fine of $100.00;

B. The maximum civil fine that may be imposed is $250.00. [Res. 2016-17; Res. 2011-020; Res. 2006-63; Res. 1993-1; GC vote 9/12/1989. Prior code § 9.2.6.140.]

10.35.350 Shooting arrows across public roads.

Any person who shoots an arrow from a vehicle or shoots an arrow from, across or along the maintained portion of a public road has committed a civil violation and shall be assessed a mandatory, minimum civil fine of $50.00. [Res. 2011-020; Res. 2006-63; Res. 1993-1; GC vote 9/12/1989. Prior code § 9.2.6.150.]

10.35.360 Hunting from a vehicle.

Any person who hunts from within or upon a motor vehicle or pursues game off a road with a motor vehicle has committed a civil violation and shall be assessed a mandatory, minimum civil fine of $50.00. [Res. 2011-020; Res. 2006-63; Res. 1993-1; GC vote 9/12/1989. Prior code § 9.2.6.160.]

10.35.370 Hunting with artificial light.

Any person who hunts with an artificial light outside the boundaries of the Chehalis Reservation has committed a civil violation and shall be assessed:

A. A minimum, mandatory civil fine of $100.00;

B. The maximum civil fine that may be imposed is $250.00. [Res. 2016-17; Res. 2011-020; Res. 2006-63; Res. 1993-1; GC vote 9/12/1989. Prior code § 9.2.6.170.]

10.35.380 Use of dogs.

Any person accompanied by a dog while deer or elk hunting has committed a civil violation and shall be assessed:

A. A minimum, mandatory civil fine of $50.00;

B. The maximum civil fine that may be imposed is $150.00. [Res. 2016-17; Res. 2011-020; Res. 2006-63; Res. 1993-1; GC vote 9/12/1989. Prior code § 9.2.6.180.]

10.35.390 Hunting while intoxicated.

Any person who hunts while under the influence of alcohol or illegal drugs has committed a civil violation and shall be assessed:

A. A minimum, mandatory civil fine of $100.00;

B. The maximum civil fine that may be imposed is $250.00. [Res. 2016-17; Res. 2011-020; Res. 2006-63; Res. 1993-1; GC vote 9/12/1989. Prior code § 9.2.6.190.]

10.35.400 Hunting by persons under age 18.

No person under the age of 18 years shall hunt unless accompanied by an adult. No person age 14 years and older but under age 18 years shall hunt without an adult present unless he or she has proof of completion of a course of instruction of at least six hours in the safe handling of firearms, safety, conservation, and sportsmanship. Parents and guardians of children who violate this section are responsible for the child’s act and the parents or guardians of the child shall be assessed a minimum, mandatory civil fine of $50.00. The maximum fine that may be imposed is $150.00. The Court, in its discretion, may allow the defendant to provide work for the Tribe in lieu of part of the fine. This section shall not apply to any persons certified by the Fish and Wildlife Committee to be a head of household. [Res. 2016-17; Res. 2011-020; Res. 2006-63; Res. 1993-1; GC vote 9/12/1989. Prior code § 9.2.6.200.]

10.35.410 Shooting a person.

Any person who shoots another person while hunting has committed a civil violation, and shall be assessed restitution to the victim or the victim’s family. [Res. 2011-020; Res. 2006-63; Res. 1993-1; GC vote 9/12/1989. Prior code § 9.2.6.210.]

10.35.420 Hunting eagles.

Any person who kills, takes, catches, or possesses any eagle, or eagle part, nest or egg in violation of any Federal statute passed for the protection of eagles has committed a civil violation and shall be assessed:

A. A mandatory, minimum civil fine of $1,000;

B. The maximum civil fine that may be imposed is $5,000. [Res. 2016-17; Res. 2011-020; Res. 2006-63; Res. 1993-1; GC vote 9/12/1989. Prior code § 9.2.6.220.]

10.35.430 Laying out bait.

Any person who lays or sets out any bait, including but not limited to salt licks, to lure wildlife for hunting, has committed a civil violation and shall be assessed:

A. A minimum, mandatory civil fine of $50.00;

B. The maximum civil fine that may be imposed is $250.00. [Res. 2016-17; Res. 2011-020; Res. 2006-63; Res. 1993-1; GC vote 9/12/1989. Prior code § 9.2.6.230.]

10.35.440 Laying out poison.

Any person who lays or sets out a drug, explosive or poison that may endanger, injure or kill wildlife has committed a civil violation and shall be assessed:

A. A minimum, mandatory civil fine of $500.00;

B. The maximum civil fine that may be imposed is $1,000. [Res. 2016-17; Res. 2011-020; Res. 2006-63; Res. 1993-1; GC vote 9/12/1989. Prior code § 9.2.6.240.]

10.35.450 Mutilation of wildlife.

Any person who mutilates wildlife so that the species and sex cannot be determined visually in the field or while being transported has committed a civil violation and shall be assessed:

A. A minimum, mandatory civil fine of $100.00;

B. The maximum civil fine that may be imposed is $500.00. [Res. 2016-17; Res. 2011-020; Res. 2006-63; Res. 1993-1; GC vote 9/12/1989. Prior code § 9.2.6.250.]

10.35.460 Shooting livestock.

Any person who shoots any domestic livestock while hunting has committed a civil violation and shall be assessed:

A. A minimum, mandatory civil fine of $250.00; and

B. The Court shall require the defendant to pay restitution to the owner of any livestock damaged. [Res. 2011-020; Res. 2006-63; Res. 1993-1; GC vote 9/12/1989. Prior code § 9.2.6.260.]

10.35.470 Big game hunting – Firearms restrictions.

A. No person shall hunt big game with any of the following:

1. A fully automatic firearm; or

2. A rifle with a bore diameter less than 0.240 inches (six mm), or barrel length less than 16 inches; or

3. A rifle cartridge with a bullet weighing less than 85 grains, or that develops less than 900 foot pounds of energy at 100 yards; or

4. A rifle cartridge containing a bullet other than a mushrooming or expanding type, designed for big game hunting; or

5. A shotgun; except that a shotgun which is 20 gauge or larger, using shells loaded with slugs or buckshot size #l or larger, may be used to hunt deer and bear; or

6. A handgun; except that a deer, bear or cougar may be hunted with a 41 magnum, 44 magnum, 44 automatic magnum, 45 Winchester magnum; or

7. A bow that possesses less than 40 pounds of pull, measured at 28 inches or less draw length; or

8. Any arrows, except those having sharp broadhead blade or blades at least seven-eighths inches wide. The broadhead must be unbarbed and completely closed at the back end of the blade or blades by a smooth, unbroken surface starting at maximum blade width forming a smooth line toward the feather end of the shaft and such line shall not angle toward the point; or

9. A crossbow.

B. Any person who violates this section shall be assessed:

1. A mandatory, minimum civil fine of $100.00.

2. The maximum civil fine that may be imposed is $1,000 and mandatory revocation of hunting privileges for one calendar year. [Res. 2016-17; Res. 2011-020; Res. 2006-63; Res. 1993-1; GC vote 9/12/1989. Prior code § 9.2.6.270.]

10.35.480 Reckless endangerment.

Any person who, through negligent or reckless conduct, places domestic livestock or another person in risk of serious physical harm has committed a civil violation, and shall be assessed:

A. A mandatory, minimum civil fine of $100.00 in the case of domestic livestock;

B. A mandatory, minimum civil fine of $1,000 in the case of another person. [Res. 2011-020; Res. 2006-63; Res. 1993-1; GC vote 9/12/1989. Prior code § 9.2.6.280.]

10.35.490 Restrictions during elk season.

No person shall hunt, except wild birds hunted with a shotgun containing size four or smaller bird shot, during open season for elk in areas where elk may reasonably be expected unless:

A. Proper licenses, tags, permits, stamps and firearms for hunting elk are in possession.

B. Proper licenses, tags, permits, stamps and firearms for hunting deer or elk are in possession if the elk and deer seasons are open concurrently.

Any person who violates this section shall be assessed a mandatory civil fine of $50.00. [Res. 2011-020; Res. 2006-63; Res. 1993-1; GC vote 9/12/1989. Prior code § 9.2.6.290.]

10.35.500 Hunting of game animals.

No person shall hunt game animals with a shotgun larger than a 10 gauge. Any person who violates this section shall be assessed a mandatory civil fine of $100.00. [Res. 2011-020; Res. 2006-63; Res. 1993-1; GC vote 9/12/1989. Prior code § 9.2.6.300.]

10.35.510 Game birds – Special restrictions.

A. No person shall hunt game birds with:

1. Lead shot, except grouse may be hunted with lead shot;

2. A shotgun larger than 10 gauge; or

3. A rifle or pistol, with the exception of blue grouse, spruce grouse, and ruffed grouse.

B. Any person who violates this section shall be assessed a mandatory, minimum civil fine of $100.00. [Res. 2011-020; Res. 2006-63; Res. 1993-1; GC vote 9/12/1989. Prior code § 9.2.6.310.]

10.35.520 Muzzle-loading rifles.

No person shall carry or possess any muzzle-loading rifle that does not meet the following requirements: “Muzzle-loader” means a single or double-barrel wheel lock, matchlock, flintlock or percussion rifle with exposed ignition in which the black powder and ball or bullet must be loaded from the muzzle. If the rifle has a removable breech plug, such removal must require the use of tools. Minimum barrel length is 20 inches and minimum caliber is 40, such measurement to be taken from land to land in the barrel. Ignition is to be wheel lock, matchlock, flintlock, or percussion using original-style percussion caps that fit on the nipple and are exposed to the elements. Sights must be metal. Telescopic sights or sights containing glass are prohibited. This section shall not apply to carrying a muzzle-loading pistol. Any person who violates this section shall be assessed:

A. A mandatory, minimum civil fine of $50.00;

B. The maximum civil fine that may be imposed is $1,000 and mandatory revocation of hunting privileges for one calendar year from the date of conviction. [Res. 2016-17; Res. 2011-020; Res. 2006-63; Res. 1993-1; GC vote 9/12/1989. Prior code § 9.2.6.320.]

10.35.530 Defacing.

Any person who destroys, tears down, shoots at, defaces or erases any printed matter or signs placed or posted to assist in the enforcement of hunting regulations has committed a civil violation and shall be assessed:

A. A mandatory, minimum civil fine of $50.00;

B. The maximum civil fine that may be imposed is $150.00. [Res. 2016-17; Res. 2011-020; Res. 2006-63; Res. 1993-1; GC vote 9/12/1989. Prior code § 9.2.6.330.]

10.35.540 Aiding and abetting.

Any person who knowingly aids and abets another person to engage in conduct which is unlawful under this Hunting Code or regulation has committed a civil violation and shall be assessed the same civil fine as if he or she had committed the primary violation. [Res. 2016-17; Res. 2011-020; Res. 2006-63; Res. 1993-1; GC vote 9/12/1989. Prior code § 9.2.6.340.]

10.35.550 Criminal violations.

The violations set forth this section through CTC 10.35.590 shall be considered criminal acts. Chapter 3.30 CTC shall govern Tribal Court proceedings for the violations set forth in this section through CTC 10.35.590. [Res. 2016-17; Res. 2011-020; Res. 2006-63; Res. 1993-1; GC vote 9/12/1989. Prior code § 9.2.7.010.]

10.35.560 Obstructing Tribal law enforcement officer.

Any person who willfully interferes with or obstructs any law enforcement officer engaged in the lawful performance of his or her duties shall be fined $50.00 plus suspension of hunting privileges for a period up to one year. Each subsequent violation shall carry a penalty of $100.00 plus mandatory suspension of hunting privileges for one year. Jail time of up to one month may be imposed for first or subsequent violations. [Res. 2011-020; Res. 2006-63; Res. 1993-1; GC vote 9/12/1989. Prior code § 9.2.7.020.]

10.35.570 Assault.

Any person who willfully inflicts or attempts to inflict bodily harm upon another person while one or both persons are engaged in any hunting activity shall be fined $100.00. Each subsequent violation shall carry a penalty of $200.00 plus suspension of hunting privileges for a period of up to one year. Jail time of up to two months may be imposed for the first or subsequent violations. [Res. 2011-020; Res. 2006-63; Res. 1993-1; GC vote 9/12/1989. Prior code § 9.2.7.030.]

10.35.580 Assault against law enforcement officer.

Any person who willfully inflicts or attempts to inflict bodily harm upon a law enforcement officer shall be fined $200.00 plus suspension of hunting 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. 1993-1; GC vote 9/12/1989. Prior code § 9.2.7.040.]

10.35.590 Hunting while privilege is revoked.

Any person who hunts while his or her hunting privilege is revoked or suspended shall be fined $200.00 plus suspension of hunting 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. 1993-1; GC vote 9/12/1989. Prior code § 9.2.7.050.]

10.35.600 Penalties – General.

A. Penalties listed in this section through CTC 10.35.640 include a mandatory minimum penalty and in many cases a maximum penalty. The mandatory minimum penalty 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 this Hunting Code.

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 criminal violations, the Court may impose one or a combination of the following penalties, in addition to the penalty set forth under the specific violation subsection:

1. Community service for the benefit of the Tribe;

2. Forfeiture of all property, including wildlife and weapons, seized;

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

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

E. 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 hunting cases shall be deposited in a special Tribal account. The funds shall be allocated for wildlife management activities. [Res. 2016-17; Res. 2011-020; Res. 2006-63; Res. 1993-1; GC vote 9/12/1989. Prior code § 9.2.8.010.]

10.35.610 Payment of fine in lieu of court appearance.

The first time a person is cited for any civil violation listed in this Hunting Code that carries only a monetary fine as a penalty, the person may pay the minimum mandatory fine specified for that 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. [Res. 2016-17; Res. 2011-020; Res. 2006-63; Res. 1993-1; GC vote 9/12/1989. Prior code § 9.2.8.020.]

10.35.620 Enforcement of 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 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. If 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 returned to the owner. Otherwise the property 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. 1993-1; GC vote 9/12/1989. Prior code § 9.2.8.030.]

10.35.630 Failure to respond.

If a person fails to respond or appear as required under this Hunting Code, the Court shall enter an order finding that the defendant committed the violation, assess the appropriate fine and shall notify the Business Committee to prevent the issuance of new permits and tags until all fines are paid. [Res. 2016-17; Res. 2011-020; Res. 2006-63; Res. 1993-1; GC vote 9/12/1989. Prior code § 9.2.8.040.]

10.35.640 Default on fine.

If a defendant fails to pay a fine or any installment due, the Court, on its own motion or on the Tribe’s motion, shall order the defendant to show cause why he or she shall not be held in contempt and may issue a summons or an arrest warrant for the defendant’s appearance. If good cause is shown, the Court may allow additional time for payment. This section may be imposed in addition to any other penalty or remedy provided under this Hunting Code or other laws of the Chehalis Tribe. [Res. 2016-17; Res. 2011-020; Res. 2006-63; Res. 1993-1; GC vote 9/12/1989. Prior code § 9.2.8.050.]