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Spilyay Tymoo, Warm Springs, Oregon
July 23, 2014
Warm Springs
Construction is working
on East Tenino Road
leading up to the Warm
Springs K-8 Academy.
The work is to add
lanes, as East Tenino
will be busier when the
school opens.
There will also be a
pedestrian pathway
from the school to the
Community
Center. Part of the road
will be closed Monday-
Thursday 6 a.m.–4:30
p.m. Please use
alternate routes.
Dave McMechan/Spilyay
Resolutions of Tribal Council
Fishing guide
regulations
Whereas the Treaty with
The Tribes of Middle Oregon
June 25, 1855 reserved to the
Confederated Tribes of the
Warm Springs Reservation
of Oregon the “exclusive
right of taking fish in the
streams running through and
bordering the Reservation”;
and,
Whereas the Fish and
Wildlife Committee in con-
junction with the Branch of
Natural Resources (“BNR”)
has reviewed and proposed to
the Tribal Council the 2014
Fishing Guide Service Regu-
lations for tribal member-
owned fishing guide services
(340.220 On-Reser vation
Fishing by Non-Members)
conducted on rivers border-
ing the reservation; and,
Whereas the Tribal Coun-
cil has reviewed the proposed
2014 Fishing Guide Service
Regulations and has deter-
mined that enactment of such
regulations would be in the
best interest of the tribe, its
members, and of the natural
resources of the War m
Springs Reservation of Or-
egon; and now, therefore;
Be it resolved by the 26 th
Tribal Council pursuant to
Article V, Section 1 (I) and
(u), of the Tribal Constitution
and By-laws and pursuant to
Warm Springs Tribal Code
Section 340, that the follow-
ing rules and regulations are
hereby adopted for the 2014
season:
1. Tribal member prefer-
ence (Resolution 8363 and
8363a) shall be used in the
selection of all guides.
2. Tribal members have
“exclusive right of taking fish
in the streams running
through and bordering the
Reservation.” Any and all
guide activity is to be con-
ducted in a way so as not to
interfere with any tribal mem-
ber fishing from waters run-
ning through and bordering
the Reservation. Guides
must yield to tribal members.
3. Only tribally-permitted
guide services will be allowed
to bring clients onto the res-
ervation. No other guides or
their clients are allowed.
4. Approval by Tribal
Council of each new guide
service is required before the
start of the fishing season for
guide services which have not
previously been approved by
the Tribal Council. The Fish
and Wildlife Committee will
develop and approve resolu-
tion and regulations regard-
ing all guide services with as-
sistance from BNR staff prior
to guides appearing before
Tribal Council. The commit-
tee requires each guide to re-
port, in person, to them each
year.
5. Guides will be required
to have clients sign a waiver
indemnifying the Confeder-
ated Tribes of the War m
Springs Reservation of Or-
egon of liability for accidents
occurred during guided trips.
6. Guides and employees
must have a valid Oregon
drivers license.
7. Guides must have insur-
ance appropriate to the trip,
automobile and/or boat in-
surance. Guides must have
insurers provide the Harvest
Manager and the Risk Man-
agement & Property Manager
prior to the start of fishing
season. Automobile coverage
shall be commercial auto or
personal auto with liability and
uninsured motorist coverage
of limits not less than 100/
300/50 ($100,000 bodily in-
jury per person, $300,000
more than one person and
$50,000 property damage) or
$500,000 combined single
limit. Coverage needs to
cover passengers (if they will
be transporting others) and
cover owned, non-owned or
hired vehicles. If the guide
has employees workers com-
pensation shall, as required by
Oregon law, and be endorsed
with appropriate watercraft
coverage (if guiding with
boats). The guide shall also
have Commercial General
Liability insurance with limits
of not less than $1,000,000
and naming the Confederated
Tribes of Warm Springs as
an additional insured.
8. Only guides and guides
employees vehicles may be
used to transport clients on
the Reservation. Guides will
provide the harvest manager
with a photo and license plate
number of each vehicle. Cli-
ent vehicles may not be used
to conduct business. Guides
must have their company logo
visible to the public at all
times, that may include hats,
shirts or jackets and includes
transport boats and cars.
9. The fishing guides will
ensure that their non-tribal
member clients comply with
the Warm Springs Fishing
Guide Regulations developed
by the Fish and Wildlife Com-
mittee and any applicable
state fishing regulations.
Guides will provide copies of
these annual tribal and state
fishing regulations to all cli-
ents. Clients must have a
Warm Springs Tribal Fishing
Permit to fish the Reserva-
tion side of the Deschutes
River in Area 2 (Dry Creek
to the Wasco-Jefferson
county lines). Area 2 typically
is open from the fourth Sat-
urday in April to October 31.
The Deschutes may have ad-
ditional fisheries for hatchery
steelhead in November and
December, check ODFW
regulations each year. Area
2 would still be closed under
this scenario.
10. Fishing by foot or boat
may take place in the
Deschutes River from the
Warm Springs boat launch
downstream to Whiskey Dick.
Overnight trips are not per-
mitted. Fishing Guide Ser-
vices will only be permitted
to launch and take out from
the War m Springs Boat
Launch, Annie Dick’s Prop-
erty (River Mile 85), Whiskey
Dick (River Mile 78), and the
North White Horse Rapids
Area (River Mile 74.5). No
other launching or take out
areas will be permitted on the
Reservation.
11. If guiding is conducted
with a vehicle and or by hik-
ing into a fishing area (de-
scribed above) that is within
a Tribal member’s allotment,
the operator of the guide ser-
vice must obtain written au-
thorization from the allot-
ment owner, whose land may
be utilized to access the river.
The guide must have this au-
thorization document in their
possession at all times and the
guide must have this docu-
mentation on file with the
Har vest Manager in the
Branch of Natural Resources
prior to the start of season.
Use of allotted lands without
owner’s written consent will
subject the guide and clients
to citations for trespass. Per-
mitting or securing access to
Reservation waters for clients
does not, by itself, constitute
approved guiding or guide
services.
12. Each fishing guide
must be in unaided visual or
voice contact with their cli-
ents at all times, physically
directing the clients travel and
activities throughout the du-
ration of their angling activi-
ties on Reservation waters.
13. Monthly fishing re-
ports must be submitted to
the Harvest Manager who will
provide them to the Commit-
tee. Monthly reports will be
in a format developed by the
Fish and Wildlife Committee
and the BNR-Fisheries De-
partment.
14. Any violation of the
rules and regulations appli-
cable to Fishing Guide Ser-
vices set out in this Resolu-
tion will subject the guide to
revocation of this permit by
Tribal Council’s approval.
Violations will be discussed by
the Committee and the rec-
ommendation sent to Tribal
Council.
Be it further resolved
that for the 2014 season(s),
the fishing guide services
owned and operated by:
Casey Green, Al Bagley,
Randy Nathan, Alysia Aguilar,
and Amanda Smith are
hereby approved.
(Resolution no. 11,887.)
Go Kart track
Whereas pplication has
been made by Wayne Miller,
for a business lease to oper-
ate a Go Kart Track/Paintball
Arena so named “The Asy-
lum”, a family entertainment
center, situated on tribal land
described as:
In the Dry Creek area, on
Allotment No 588-A, located
at the SE/4 SW1/4,NE1/4
SW1/4 SE1/4 of Section 13,
Township 9 South, Range 12
East, Willamette Meridian,
Jefferson County, Oregon,
excepting that portion in the
Right-of-Way for Highway 3
and that portion on the west
side of Highway 3, contain-
ing 5.0 acres more or less,
Map attached as Exhibit
“A”, metes and bounds sur-
vey to be
attached at
a later date as Exhibit “B”;
and,
Whereas the Tribal Coun-
cil desires that Tribal Mem-
bers develop such operations
as a private business; and,
Whereas Wayne Miller
has been approved by the
Private Business Revolving
Loan (PBRL) program for the
funds to construct the busi-
ness described herein; and,
Whereas the Bureau of
Indian Affairs Realty Office
will request an appraisal for
the fair market value for a
five (5) year business lease
rental; and,
Whereas the War m
Springs Tribes hold an eighty-
three percent (83%) owner-
ship in Allotment No. 588-A
and the Individual Allotment
Owners a seventeen percent
(17%) combined ownership
in said Allotment, all will be
compensated according to the
fair market value and accord-
ing to their respective shares;
now, therefore;
Be it resolved by the 26 th
Tribal Council of the Con-
federated Tribes of the Warm
Springs Reservation of Or-
egon (“Tribes”), pursuant to
Articles V and VIII of the
Tribal Constitution and By-
Laws of the Tribes, that The
Asylum, a family entertain-
ment center business oper-
ated by Wayne Miller be
granted a five (5) year lease
in the Dry Creek area on
tribal land described herein;
and,
Be it further resolved
that the Lessor, the Tribes
upon approval of the lease,
will charge fair market value
according to the forthcoming
appraisal for the original term
of the lease; and,
Be it further resolved
that the Confederated Tribes
reserves the right to grant
rights-of-way over, under and
across the lease premises,
such a provision to be writ-
ten into and made a part of
the lease terms; and,
Be it further resolved
that except as otherwise pro-
vided for in the lease agree-
ment, the Confederated
Tribes reserves the right to
cancel the lease upon thirty
(30) days of written notice to
lessee, in the event that the
lease premises is needed for
Tribal community develop-
ment or land exchange pur-
pose, or for such other sub-
stantive reason cancellation
may be deemed necessary by
the Tribes, such a provision
to be written into and made
a part of the lease terms; and,
Be it further resolved
that the Chairman or Vice-
Chair and Secretary-Trea-
surer/CEO are hereby autho-
rized to execute the necessary
documents for and on behalf
of the Confederated Tribes.
(Resolution no. 11,885.)
vest Regulations” attached to
this resolution and marked
Exhibit “A”; and
Whereas the Tribal Coun-
cil has determined that ap-
proval and adoption of these
Regulations are in the best in-
terests of the tribal members
and promotes protective mea-
sures for the shellfish re-
source; and
Whereas the Tribal Coun-
cil believes that this enterprise
furthers the Tribal Policy of
promoting self-esteem, self
reliance, and employment for
tribal members; and
Whereas the fishery is
based on recommendations in
Scott Lewis’s 1997 Masters
Thesis, “ Life History, Popu-
lation Dynamics and Manage-
ment of Signal Crayfish in
Lake Billy Chinook, Oregon
and modifications may occur
as more scientific informa-
tion is discovered by the
Branch of Natural Resources
and reviewed by the Fish and
Wildlife Committee; now,
therefore,
Be it resolved by the 26 th
Tribal Council of the Con-
federated Tribes of Warm
Springs, pursuant to Article
V, Sections (1) and (u) of the
Tribal Constitution and By-
Laws, that it hereby adopts
and approves the “Proposed
Commercial Crayfish Har-
vest Regulations.” (Resolution
no. 11,881. For a copy of the
regulations contact Tribal Coun-
cil staff.)
Crayfish
Whereas the Tribal
Council has reviewed and
considered the “Proposed
Commercial Crayfish Har-
2321
Ollallie
Lane
Warm
Springs
Call 541-
553-1182
The next deadline to
submit items for pub-
lication in the Spilyay
Tymoo is Friday, Au-
gust 1. Thank you!