[1]
Note: The Tribe created this chapter in order to codify the specific qualifications that tribal natural resource enforcement officers must have in order to become active tribal law enforcement officers and to enforce the Tribe’s laws. New Chapter 5.12 Enforcement in Title 5 is a part of Resolution 19-A-061 and codifies the specific qualifications that tribal police officers must have. The required qualifications for officers under both Title 17 and Title 5 are the same.
(a) 
Appointment. The Port Gamble S'Klallam Tribal Council shall appoint one or more persons to serve as fisheries enforcement officers. The Tribal Council shall have the power to enter into an agreement with another Tribe and/or with the Point No Point Treaty Council whereby the fisheries enforcement officers of said other tribe and/or the Treaty Council may act as fisheries enforcement officers for the Port Gamble S'Klallam Tribe.
(b) 
Authority. The fisheries enforcement officers shall regularly patrol the Port Gamble S'Klallam Tribe’s usual and accustomed fishing grounds and stations, the Reservation fishing area, and any other areas where the Port Gamble S'Klallam Tribe exercises fishing and shellfishing rights. The fisheries enforcement officers shall have the authority to enforce the laws governing any activity that is licensed or regulated by the Port Gamble S’Klallam Tribe and related to fishing, and all titles and chapters of the Port Gamble S’Klallam Tribe’s Law & Order Code, all regulations promulgated under it, and all warrants issued by the Tribal Court. The Tribal Council may deputize additional persons to assist the fisheries enforcement officers in the performance of their duties.
(c) 
Qualifications. A Port Gamble S’Klallam Fisheries Enforcement officer must meet the following qualifications:
(i) 
Must be twenty-one (21) years of age or older, in sound physical condition, and of sufficient size and strength to perform the duties required; and
(ii) 
Must be possessed of courage, self-reliance, intelligence, and high sense of loyalty and duty; and
(iii) 
Must never have been convicted of a felony or any domestic violence offense, nor have been convicted of any misdemeanor for a period of three (3) years (dependent on review of incident) prior to appointment, and
(iv) 
Must have successfully completed at least one of the following four requirements during the first six months of employment. Tribal Council may extend the time for the basic training requirement on a case-by-case basis. Successful completion of basic training is a requisite to the continuation of employment:
(1) 
The Basic Law Enforcement Academy provided by the Washington State Criminal Justice Training Commission; or
(2) 
Both the Federal Law Enforcement Training Academy and the Basic Law Enforcement Equivalency Academy provided by the Washington State Criminal Justice Training Commission; or
(3) 
The Washington State Criminal Justice Training Commission Reserve Academy; or
(4) 
Another law enforcement training academy that the Washington State Criminal Justice Training Commission or the Federal Law Enforcement Training Commission accepts and verifies in writing to the Tribe as an equivalent academy while the officer waits for the opportunity to attend the Washington State Basic Equivalency Academy.
(Res. 94 A 109, 7/12/1994; Res. 13-A-098, 7/9/2013, amended “authority” to clarify Natural Resource Enforcement officers have the authority to enforce the criminal code in the U and A areas when patrolling for fisheries violations and when the Tribe regulates such activity; Res. 19-A-061, 6/24/2019, amended this section to create sub-section (c) Qualifications.)
The Tribal Council may enter into an agreement with another tribe, the Treaty Council, or state, federal or county governments providing for the cross-deputization of fisheries enforcement and/or law enforcement officers.
(Res. 94 A 109, 7/12/1994)
All persons charged with a violation of this Code or regulations promulgated under it shall be served a summons and complaint or shall be issued a citation in lieu of a summons and complaint, to appear and answer said charges before the Tribal Court.
(Res. 94 A 109, 7/12/1994)
(a) 
Contempt of Court. Except in the case of paying the maximum fine in lieu of court attendance pursuant to Section 17.10.01, failure to appear in Tribal Court may constitute contempt of court.
(b) 
Failure to Appear - Suspension of Fishing License and Permit. If a person has been properly served and fails to appear in Tribal Court or to respond to a notice of a civil fishing violations, the Court may enter an order finding that the person committed the violation. The Court may immediately assess and apply, based on the violation under Section 17.10.07, the appropriate corresponding fine and suspension of harvest time. The Court may also apply civil forfeiture penalties if the offense under Section 17.10.07 allows civil forfeiture.
(Res. 94 A 109, 7/12/1994; Res. 20 A 141, 12/14/2020, amended this section to clarify the failure to appear process.)
Fisheries enforcement officers shall have the authority to arrest any person who violates this Law and Order Code, or regulations promulgated under it, when:
(a) 
The offense occurs in the presence of the arresting officer(s); or
(b) 
The officer has a warrant signed by a Tribal Judge commanding the arrest of such person or knows as a certainty that such a warrant has been issued; or
(c) 
The officer has probable cause to believe the arrested person has committed the alleged offense.
An officer shall not arrest for purposes of questioning only or enter a residence to arrest in the absence of an arrest warrant.
(Res. 94 A 109, 7/12/1994)
Immediately upon arrest an alleged violator shall be advised of the following:
(a) 
The charges against him or her;
(b) 
That he or she has a right to remain silent;
(c) 
That anything he or she says may be used against him or her in court;
(d) 
That he or she has a right to be represented by an attorney or spokesperson at his or her own expense.
Failure to so advise immediately shall not result in dismissal of the charge but shall prevent the admission into Court of any confessions or other incriminating statements of the alleged violator obtained prior to advising the alleged violator of his rights. If an arrest is made pursuant to a warrant, the accused shall be given a copy of the warrant at the time of the arrest or as soon thereafter as possible.
(Res. 94 A 109, 7/12/1994)
A citation may be issued by a fisheries enforcement officer, in his or her discretion, in lieu of keeping the alleged violator in custody or requiring bail or a bond.
(Res. 94 A 109, 7/12/1994)
A fisheries enforcement officer may search, without warrant, any fish or shellfish, gear, container, vehicle, boat, tent, camper, or any place or premises which he or she has probable cause to believe contains evidence of violations of this Code or regulations adopted or permits issued under it.
(Res. 94 A 109, 7/12/1994)
A fisheries enforcement officer may conduct a protective search, without warrant, of persons acting in a suspicious or hostile manner. The sole purpose of the search shall be to disarm the person for the safety of the officer and others. A fisheries enforcement officer may search any person who is arrested for an alleged violation of this Law and Order Code or regulations adopted under it.
(Res. 94 A 109, 7/12/1994)
The Tribal Court may issue a search warrant and direct a search to be made in any place wherein it is alleged that any fish or shellfish taken contrary to this Code or regulations adopted under it is concealed or kept. Such warrants shall be issued pursuant to the Port Gamble S'Klallam Law and Order Code.
(Res. 94 A 109, 7/12/1994)
Upon arrest or upon issuance of a citation, the fisheries enforcement officer may seize all fish and shellfish or parts thereof which the officer has reasonable grounds to believe have been illegally taken or killed by the alleged violator or which have been illegally bought or sold. A fisheries enforcement officer may, in addition, seize any gear or other property (excluding the vehicle used to transport the fisherman to the fishing spot) which the officer has reasonable grounds to believe has been used in the commission of a violation.
(Res. 94 A 109, 7/12/1994)
A fisheries enforcement officer who has seized fish, shellfish or gear pursuant to this section shall prepare a written inventory of all items seized which shall be signed by the enforcement officer. In all cases, one (1) copy of the inventory shall be given to the alleged violator, if known, one (1) copy filed with the Tribal Court, and one (1) copy returned to the tribal fisheries enforcement office.
(Res. 94 A 109, 7/12/1994)
The arresting officer shall, as soon as possible, return the resources to its habitat if it is still alive and viable. Otherwise, fisheries enforcement shall sell, donate, or dispose of all fish and shellfish seized from the alleged violator. If fisheries enforcement sells the resource, the fish and shellfish shall be sold at the nearest market at the then prevailing price at the market selected. All proceeds from the sale shall be immediately deposited in a special account at the Tribal Office. The accused shall receive a copy of the fish ticket. The proceeds from the sale of seized fish shall be held until disposed of pursuant to order of the Tribal Court.
(Res. 94 A 109, 7/12/1994; Res. 17-A-109, 11/13/2017, revised this section to allow fisheries enforcement to return the resource to its environment if still viable or to donate it. The previous section required enforcement to sell the resource.)
Shellfish, which a fisheries enforcement officer has reason to believe has been taken from a closed beach or which may be unfit for human consumption, may be returned to the beach or otherwise disposed of at the officer's discretion.
(Res. 94 A 109, 7/12/1994)
All items, other than fish and shellfish, seized or acquired pursuant to this section shall as soon as practicable be brought to the Tribal Office or other place designated by the Tribal Council for the storage of such property. Property shall be stored in such a manner as to minimize further damage to it and shall be held until disposed of pursuant to order of the Tribal Court.
(Res. 94 A 109, 7/12/1994; Res. 21 A 077, 6/14/2021 amended this section to apply to both seized and acquired property.)
Any person who is not an alleged violator whose property has been seized under the authority of this Code may apply immediately to the Tribal Court for release of the property.
For alleged violators, the proceeds from the sale of seized fish shall be returned only upon acquittal or dismissal. If fish and/or shellfish from two or more alleged violators are commingled, each violator shall be presumed to own an equal percentage.
(Res. 94 A 109, 7/12/1994; Res. 17-A-109, 11/13/2017, revised this section to allow non-violators to apply immediately for return of property and to only return property to violators upon acquittal or dismissal of charges.)
When a person has been convicted of violating a provision of this Code or any regulation promulgated under it, the Tribal Court may order forfeiture of any item seized in connection with the violation. The convicted person shall be given an opportunity to present evidence and argument to the Tribal Court regarding why it would be inequitable to forfeit those items seized.
When the court finds a person not guilty of violating a provision of this Code or any regulation promulgated under it, the Tribal Court shall order an immediate release of any item seized in connection with this violation.
(Res. 94 A 109, 7/12/1994; Res. 17-A-109, 11/13/2017, revised this section to require the Court to immediately return property upon a not guilty finding.)
In all cases where it appears the owner of gear or other items acquired by Fisheries Enforcement Officers is unknown, the Tribal Court shall have the power to order the forfeiture of any of the said articles. The procedure for forfeiture in such cases shall be as follows:
(a) 
The Tribal Court, upon application of the Tribe, shall order service of summons and notice of hearing. Service shall be accomplished by posting the summons and notice in the Tribe’s Natural Resource office, in the Tribe’s community memo, and at the Point No Point Treaty Council office.
(b) 
The summons shall describe the article(s) and shall set a date for a hearing on whether or not the item(s) should be forfeited. The hearing shall be held at least forty-five (45) days from the date the article(s) was acquired. A notice shall be posted for at least thirty (30) days prior to the hearing. (The 30 days may run during the 45-day period.)
(c) 
An affidavit of the tribal representative who served the summons and notice of hearing shall be filed with the Tribal Court. The affidavit shall state the place and date the summons and notice were posted and the date they were submitted for publication.
(d) 
The owner of the article(s) shall have the opportunity at the date and time set in the summons to appear before the Tribal Court and contest the forfeiture. If no one appears at the hearing to claim any article, the Tribal Court may enter an order forfeiting the article(s).
(Res. 94 A 109, 7/12/1994; Res. 17-A-109, 11/13/2017, revised this section to remove the requirements that notice be posted at the location where the property was seized and that notice be posted in all tribal newsletters of the tribes in the Point No Point treaty area; Res. 21 A 077, 6/14/2021 revised this section to apply to acquired property instead of only seized property.)
In the event the Tribal Court orders forfeiture of any articles seized or acquired by Fisheries Enforcement Officers and/or proceeds from the sale thereof, said articles and/or proceeds shall be turned over to the Port Gamble S'Klallam Tribal Council for the use and benefit of the Tribe.
(Res. 94 A 109, 7/12/1994)
Any item seized or acquired by Fisheries Enforcement Officers or proceeds from the sale thereof which are not forfeited by order of the Tribal Court shall be returned to the person from whom seized, after the completion of the case and after the fines, if any, have been paid.
(Res. 94 A 109, 7/12/1994)
Whenever a Fisheries Enforcement Officer, in connection with the official performance of their duties, acquires any fishing related personal property and is able to determine who the owner is, the officer(s) shall secure and store the property for at least forty-five (45) days in a suitable location. The Tribal Fisheries Department shall make at least three (3) attempts to contact the owner, with at least one (1) attempt in writing. The Department must document each attempt, and there shall not be less than three (3) weeks between the first and the third attempt to contact the owner. If the property remains unclaimed after forty-five (45) days, the Fisheries Enforcement Office may initiate abandoned property proceedings in Tribal Court under Chapter 3.11 Abandonment of Property. After the completion of proceedings under Chapter 3.11, the Tribal Court may order the sale or disposal of said items at public auction or other means as facilitated by the Fisheries Enforcement Office.
(Res. 21 A 077, 6/14/2021 created this section to allow the Tribe to dispose of unclaimed property when the owner is known but does not reclaim the property.)