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About Spilyay tymoo. (Warm Springs, Or.) 1976-current | View Entire Issue (Aug. 25, 1982)
Page 8 August 25, 1982 Spllyay Tymoo Hunting and Fishing Ordinance update by Marsha Shewczyk g the area from which they were taken.” As part o f the overall updating of tribal ordinances Season establishment for the h u n tin g and fish in g big game. Because oi a decline in the ordinance recently received revision. There have been some deer p op u lation and the major changes particularly in possibility that a similar decline the hunting and trapping might occur in the population ordinance have remained the o f elk and bear Tribal Council ordinances have remained the can establish hunting seasons same as before, incorporating as well as determine whether or “most o f the provisions of the not doe will be hunted. The p r e v i o u s o r d i n a n c e s , ” population of deer on the according to tribal attorney reservation is one-eighth to Dennis Kamopp. one-tenth o f what is on The title for these ordinances bordering areas according to are no longer Ordinance 50, the tribal biologist Terry Luther, H u n t in g a n d T r a p p in g Chapter 350 reads, “Tribal Ordinance and Ordinance 38, Council shall review the status the Fishing Ordinance. They o f each o f these species (bear, will be referred to as Chapter deer, elk) on the reservation 350, Hunting and Trapping and shall establish whatever Code and Chapter 340, Fishing season and bag limit as the Tribal Council shall deem Code. Both chapters were revised approporiate,” by Karnopp with input from Tagging deer, elk, bear the involved departments. The Besides attaching a tag to the chapters were submitted to Tribal Council for approval anim al killed “any tribal and were adopted on June 14, member killing an animal for 1982 by resolutions N o. 6234 which repoifrform is required by the departm ent shall and 6235. Both hunting and fishing com plete such report and chapters begin with general return it to the department statements describing the right within five days of killing such o f members of the C onfede-t animal. Failure to complete the rated Tribes o f the Warm report shall be grounds for Springs reservation to hunt and denying any further tags to fish on land that throughtreaty such individual until the report has been set apart for their use. is properly completed and filed. The treaty of June 25, 1855 reserved “the exclusive right Upland Birds Like big game animals to hunt on the reservation and guaranteed to our people upland birds including chuker, the right to hunt on unclaimed partridge, grouse, hungarian land in common with the partridge, pheasant, quail and turkeys “may -only be hunted citizen of the United States.” . T he w ild life reso u rces and killed during seasons and b elo n g in g to th e T rib e within bag limits as may be “ con stitu te an invaluable established by the Tribal and irreplaceable asset...They Council each year.” form an important cultural, Special hunts historical and economic asset “The Tribal Council may, by of the Tribe and its members. special resolution, authorize The Tribal Council, in order to special hunting permits for protect and preserve the tribal ceremonial or other purposes, property for the benefit of close areas to hunting or tribal members in the present designate certain areas of the and future generations...finds it reservation for special use and necessary to regulate and shall immediately notify the control all hunting (fishing)on department and the Warm the Warm Springs reservation Springs tribal police of such and the exercise o f treaty actions.” reserved hunting (fish in g) rights by tribal members off the Penalties Penalties for violation of reservation.” provisions o f chapter 350 by Chapter 350 Hunting and tribal members and other Indians subject to the criminal Trapping Code jurisdiction o f the Warm Springs tribal court have Ceremonial Hunts increased. A first conviction carries with it a $150 fine or T he major changes in Chapter 350, Hunting and imprisonment for not more Trapping code deals with than 20 days or both. A second ceremonial hunting and the conviction carries a fine of not Tribal council’s right to set seasons. Section 350.210 states, “Ceremonial hunting permits for funeral purposes will be is s u e d by th e N a t u r a l Resources Department or, if application is made at a time other than during regular hours, by the tribal police. Application for a ceremonial hunting permit must be made by one or more adults of the family conducting the funeral on a form to be provided by the Natural Resources Depart ment.” The permit will be valid for 72 hours. And “within five days after the funeral an adult m e m b e r o f th e f a m ily conducting the ceremonial hunt shall file with the Natural Resources Department on a fo r m p r o v id e d by th e departmet the sex and size of any deer and/or elk taken, and more than $250 or imprison ment for not more than 60 days or both. A third conviction shall be punishable with a fíne o f not more than $500 and not more than six months in jail or both. “The Fish and W ildlife C o m m itte e s h a ll h a v e authority to issue a citation to any member who has violated the provisions to appear before the Committee and show cause why such member should not have his identification card suspended in which event such member shall have no right to claim treaty rights and shall be subject to the application of state law. In the event that the member shall fail to appear before the> Committee at the time and place set for such show cause hearing, or shall fail to satisfy the Committee why such action should not be t a k e n , s u c h m e m b e r ’s identification card may be suspended for such period as th e C o m m i t t e e d e e m s appropriate, not exceeding a period o f six (6) months.” willfully and knowingly goes upon any land that belongs to any Indian or Indian Tribe, band or group and either are held by. the United States in trust or are subject to a restriction against alienation imposed by the United States or upon any lands o f the United States that are reserved for Indian use, for the purpose of hunting, trapping, or fishing thereon, or for the removal of game peltries^ or fish there from, shall be fined not more than $250 or imprisoned for not more than 90 days or both and all game, fish and peltries in his possession shall be forfeited.” “Persons other than tribal members or other Indians su b ject to th e crim in al jurisdiction o f the Warm Springs Tribal court who violate the provision of this chapter may be subjected to a civil penalty in tribal court for a civil infraction. Such civil penalty shall not exceed the sum o f $500 for each such infraction. Equipment used in c o n n e c t i o n w ith s u c h Persons not subject to criminal infraction including but not limited to firearms and motor jurisdiction. vehicles, may be seized and “Persons otner than tribal held as security for such members or other Indians person’s appearance before the su b ject to th e crim in a l tribal court and may be subject jurisdiction o f the Warm to sale or other disposition by Springs Tribal court, shall be the Tribe in the event that such punishable pursuant to the person fails to pay the amount provisions of«!8 USC 1165, of any civil penalty imposed by which provides as follows: the court. The Tribal Council “Whoever, without lawful hereby specifically finds that a u th o rity or p erm issio n , such c iv il p en a lties are reasonably necessary and are related to the expenses o f governmental administration n e c e ss a r y in m a n a g in g , protecting, and developing the w ildlife resources on the reservation. It is the legislative intent of the Tribal Council that such violations by non members be considered civil in nature rather than criminal.” Other sections in Chapter 350 state provisions regarding migratory birds, weapons for big game hunting, predatory animals, marking of traps* non game birds, shooting hours, h u n tin g fro m p r o p e lle d vehicles, transportation off- reservation, sale or trade of game animals and wild birds, waste of game, use of dogs, hunting within the McQuinn strip , and h u n tin g o ff- reservation. Chapter340 Fishing Code Provisions o f Chapter 340, the Fishing Code include sections concerning: fishing on the reservation, on-reservation fishing by both members and non-m em bers, fish in g off- reservation .and penalties for violation of provisions. Treaty fishing rights cannot be exercised unless a tribal member carries with him an identification card showing him to be an enrolled member of the Confederated Tribes of the Warm Springs reservation. Fishing is permitted only during open seasons in areas established by Tribal Council with gear restrictions also established by Tribal Council “or established in accordance with the laws and regulations of the state o f Oregon and W ashington applicable to treaty Indians as may be modified by the action of the Tribal Council or its designee.” Net size and equipment restrictions are explained in C hapter 340 along with location where fish may be taken. The number of fish taken is not set but “the Tribal Council reserves the right without notice to close all fishing at any site in the event th at th e T rib al C o u n cil determines it is necessary for the proper conservation of the fish runs.” Inform ation as to the number of and types of fish taken must be available upon request by those fishing for subsistince purposes. Penalties for violation of Chapter 340 provisions are the same as for violation of provisions stated in Chapter 350. Fines range from $250 for the first conviction and up to $500 and/ or up to Six months imprisonment for a third conviction. A civil penalty may be imposed upon those not subject to criminal prosecution in the Warm Springs tribal court.' Tribal members must not only comply with provisions of the Columbia River Inter- Tribal Code. Copies of both Chapters 350 and 340 are available for viewing at the Warm Springs police department and the Natural Resources depart ment. _ . . __ - , „y
