Port Gamble S'Klallam Tribe Article VIII General Fishing Violations

§ 17.11.38 Fishing Outside the U. and A.

Any person who purports to exercise the treaty fishing rights of the Port Gamble S'Klallam Tribe in any area which is outside the usual and accustomed fishing grounds of the Port Gamble S'Klallam Tribe, is guilty of a class B offense.

(Res. 94 A 109, 7/12/1994)

§ 17.11.39 Fishing in Closed Area. [1]

Any person who engages in fishing at any place, at any time, or for any species not specifically opened by this Code or by annual or emergency regulations, is guilty of a class A offense.

(Res. 94 A 109, 7/12/1994)

[1] Cross Reference: “Fishing” defined Section 17.01.03

§ 17.11.40 Unauthorized Test Fishery - Compliance With Requirements.

Any person who:

(1) Conducts or participates in a test fishery that has not been authorized by the Fisheries Manager or the Treaty Council; or

(2) Who fails to obey all gear, time, area, and reporting requirements of the test fishery,

is guilty of a class B offense.

(Res. 94 A 109, 7/12/1994)

§ 17.11.41 Unauthorized Gear/Prohibited Methods.

Any person who uses gear, or any method of disabling or capturing fish or shellfish not permitted in this Code or regulations adopted under it, except as may be required by biological personnel for the purpose of biological research and management, is guilty of a class B offense.

(Res. 94 A 109, 7/12/1994)

§ 17.11.42 Vandalism/Unauthorized Use/Theft.

Any person who willfully and without authorization takes, uses, tampers with, damages or destroys a fishing net, vessel, other fishing or shellfishing gear, or fish or shellfish, not his or her own, is guilty of a class A offense.

(Res. 94 A 109, 7/12/1994; Res. 02 A 063, 5/14/2002, amended this section to expand the protection for gear, fish an shellfish.)

§ 17.11.43 Taking of Finfish from Hatcheries and Reservation Streams Prohibited.

Any person not under the supervision of Tribal Fisheries personnel who takes, or attempts to take, or who harasses any salmon species from Little Boston Creek, Middle Creek, or any finfish from any tribal, state, federal or private hatchery facility, is guilty of a class A offense.

(Res. 94 A 109, 7/12/1994)

§ 17.11.44 Littering Prohibited.

Any person who discards or disposes of any litter or other waste material while engaged in the exercise of treaty fishing rights or on the way to or from, is guilty of a class B offense.

(Res. 94 A 109, 7/12/1994)

§ 17.11.45 Use of Intoxicants Prohibited.

Any person who exercises or assists in exercising treaty fishing rights while in possession of or under the influence of alcohol or illegal drugs is guilty of a class C offense.

(Res. 94 A 109, 7/12/1994)

§ 17.11.46 Wasting.

Any person who fails to properly care for captured fish, shellfish, or other marine resources in such a manner that substantial deterioration in commercial or food value of the fish, shellfish, or marine resource results, is guilty of a class A offense.

(Res. 15-A-167, 12/9/2015)

§ 17.11.47 Failure to Remove Gear at End of Season.

Any person who fails to remove buoys, anchors, crosslines, pots or other gear used for harvesting from a marine area at the end of, or at the end of an opening within, a harvesting season is guilty of a class B offense.

(Res. 15-A-167, 12/9/2015)