The first time a person is cited for allegedly violating this Code or a regulation promulgated under it, the person may pay the fine associated with the offense instead of appearing in court. Appearance in court is mandatory for a second or subsequent citation of a Class A, B, or C violation.
(Res. 94 A 109, 7/12/1994; Res. 13-A-098, 7/9/2013, added Sections 17.01.10 – 17.01.14 to clarify all, except two, violations of the fishing ordinance will be treated as civil offenses, and changed Sections 17.10.01 – 17.10.03 to remove references to bail and impose fines where appropriate; Res. 17-A-109, 11/13/2017, revised this section to match the revised penalty chart; Res. 20 A 141, 12/14/2020, amended this section.)
Payment of fine in lieu of a court appearance shall be considered as an admission of fault and shall have the same effect as a court ruling.
(Res. 94 A 109, 7/12/1994; Res. 13-A-098, 7/9/2013, added Sections 17.01.10 – 17.01.14 to clarify all, except two, violations of the fishing ordinance will be treated as civil offenses, and changed Sections 17.10.01 – 17.10.03 to remove references to bail and impose fines where appropriate; Res. 20 A 141, 12/14/2020, amended this section.)
(Bail. Res. 94 A 109, 7/12/1994; Res. 13-A-098, 7/9/2013, added Sections 17.01.10 – 17.01.14 to clarify all, except two, violations of the fishing ordinance will be treated as civil offenses, and changed Sections 17.10.01 – 17.10.03 to remove references to bail and impose fines where appropriate; Res. 17-A-109, 11/13/2017, revised this section to match the new penalty chart; Res. 20 A 141, 12/14/2020, repealed this section.)
(Sentencing Guidelines. Res. 94 A 109, 7/12/1994; Res. 17-A-109, 11/13/2017 replaced the old penalty chart that only imposed nominal fines with a new fishing penalty chart that increased the penalty for fishing violations by combining fines, suspension of harvest privileges, and civil forfeiture of property; Res. 18-A-148, 12/17/2018, repealed this section because it conflicted with revisions to the new penalty chart in Section 17.10.07.)
If a person requests community service in lieu of paying a fine, the tribal court may request that he or she submit a financial affidavit to the court. The tribal court may order community service in lieu of a portion of the fine. An order for community service hours shall be issued only upon recommendation of the Tribe, through its prosecutor, to the Court. Each hour of community service shall reduce the fine by the amount of the federal minimum wage (rounded to the nearest dollar amount) at the time of the Court ruling.
If a person’s fishing rights have been suspended, the Court shall only restore fishing privileges after all fines are paid.
(Res. 94 A 109, 7/12/1994; Res. 17-A-109, 11/13/2017, revised this section; Res. 18-A-148, 12/17/2018, repealed this section; Res. 20 A 141, 12/14/2020, restored this section. Revision, repeal, and restoration of this section corresponds with the changes in criminal vs. civil violations in this code.)
(Penalties - Second and Subsequent Violations. Res. 94 A 109, 7/12/1994; Res. 17-A-109, 11/13/2017, revised this section to match the new penalty chart by removing language on mandatory minimum fines and forfeiture; Res. 18-A-148, 12/17/2018, repealed this section.)
Suspension of the harvest privileges specified in the violation begin on the day of the Court ruling. Fishing privileges will be restored only after all fines are paid. All penalties under this title shall be civil penalties. The following are the penalties for each class of offense:
(1) 
Class A Penalties. Class A penalties shall be punishable by:
(a) 
For the first violation, a mandatory fine of $1,000 to $5,000. The Court shall not order any civil forfeiture for a first offense.
(b) 
For the second violation, a mandatory fine of $2,500 to $5,000, suspension of commercial and subsistence harvest privileges between 3 months and 1 year, and, at the court's discretion, civil forfeiture of vehicles, firearms, boats or harvest gear used in the commission of the offense.
(c) 
For the third violation, a mandatory fine of $5,000, suspension of commercial and subsistence harvest privileges between 1 to two years, and, at the court's discretion, civil forfeiture of vehicles, firearms, boats or harvest gear used in the commission of the offense.
The time period between a first class A violation and a subsequent violation must be seven (7) years or less. The time period starts when the Court issues its ruling. After seven (7) years, the clock resets and a new class A violation shall be considered a first violation.
(2) 
Class B Penalties. Class B penalties shall be punishable by:
(a) 
For the first violation, a mandatory fine of $500 to $1,000. The Court shall not order any civil forfeiture for a first offense.
(b) 
For the second violation, a mandatory fine of $1,000 to $3,000, suspension of commercial and subsistence harvest privileges between 3 months and 1 year, and, at the court's discretion, civil forfeiture of vehicles, firearms, boats or harvest gear used in the commission of the offense.
(c) 
For the third or subsequent violation, a mandatory fine of $5,000, suspension of commercial and subsistence harvest privileges between 6 months and one year, and, at the court's discretion, civil forfeiture of vehicles, firearms, boats or harvest gear used in the commission of the offense.
The time period between a first class B violation and a subsequent violation must be five (5) years or less. The time period starts when the Court issues its ruling. After five (5) years, the clock resets and a new class B violation shall be considered a first violation.
(3) 
Class C Penalties. Class C penalties shall be punishable by:
(a) 
For the first violation, a mandatory fine of $150 to $250. The Court shall not order any civil forfeiture for a first offense.
(b) 
For the second violation, a mandatory fine of $250, suspension of commercial harvest privileges between 1 to 6 months, and possible civil forfeiture at the Court’s discretion.
(c) 
For the third or subsequent violation, a mandatory fine of $500, suspension of commercial harvest privileges between 6 months and 1 year, and possible civil forfeiture at the Court’s discretion.
The time period between a first class C violation and a subsequent violation must be three (3) years or less. The time period starts when the Court issues its ruling. After three (3) years, the clock resets and a new class C violation shall be considered a first violation.
(4) 
Class D Penalties. Class D penalties shall be punishable by:
(a) 
For the first violation, a fine of $150.
(b) 
For the second violation, a fine of $250.
(c) 
For the third or subsequent violation, a fine of $500.
There shall be no civil forfeiture for class D penalties.
(Res. 94 A 109, 7/12/1994; Res. 17-A-109, 11/13/2017 replaced the old penalty chart that only imposed nominal fines with a new fishing penalty chart that increased the penalty for fishing violations by combining fines, suspension of harvest privileges, and civil forfeiture of property; Res. 18-A-148, 12/17/2018, modified this section to include the word “mandatory” in front of the word “fine” in all subsections for consistency, the clarification that both commercial and subsistence harvest privileges shall be suspended where stated, and the addition of possible jail time for a class A second or third offense; Res. 20 A 083, 9/28/2020, changed all penalties to civil infractions, removed suspension of harvest privileges for first offenses, removed IFQ language, reduced fine amounts, and added language on time periods between offenses.)