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