This Title shall be known as the Port Gamble S’Klallam Hunting Code and applies to on-reservation and treaty hunting.
(Adopted 11/20/1986. Codified by Res. 95-A-070, 6/13/1995)
This Title is enacted for the protection, enhancement and management of the tribal wildlife resource. Nothing in this Title shall be construed as a relinquishment, abrogation, or abridgment of any Port Gamble S’Klallam Treaty rights.
(Adopted 11/20/1986. Codified by Res. 95-A-070, 6/13/1995; amended by Res. 99-A-062, 8/10/1999)
The words below shall have the meanings set forth, when those words appear in this Title.
2. “Artificial Light”
means any light produced or enhanced by other than natural sources, including but not limited to spotlights, jacklights, flashlights, vehicular headlights, night vision equipment, or thermal scopes.
3. “Bag Limit”
means the maximum number of animals which may be taken, caught, killed, or possessed by any person, specified by this Title or by regulation, for any particular period of time, and may include limits on size, sex, or species.
4. “Big Game”
means elk, deer, mountain goat, cougar or mountain lion, and black bear.
5. “Closed Area”
means any place described or designated by regulation where it is unlawful to hunt.
6. “Closed Season”
means all times during the entire year except those times an “open season” is designated by regulation.
7. “Forest Grouse”
means sooty grouse and dusky grouse (both formerly blue grouse), ruffed grouse, and spruce grouse.
8. “Furbearers”
means animals typically hunted for their furs, as described in the annual regulations.
9. “Game Agent”
means any person authorized by the Port Gamble S’Klallam Tribe to enforce this Title or Port Gamble S’Klallam Tribe’s game regulations
10. “Game Animals”
means wild animals other than “big game” animals and marine mammals that are classified by regulation as game animals.
11. “Game Birds”
means all wild birds that are classified by regulation as game birds.
12. “Hunt” and its derivatives, “Hunting”, “Hunted”, etc., and “Trap” and its derivatives, “Trapping”, etc.,
means any effort to kill, injure, capture, or disturb a wild animal or wild bird.
13. “Invasive Animals”
means nonnative species of the animal kingdom that pose a risk of harming environmental, economic, or human resources, and are identified as an invasive animal by regulation.
14. “Marine Mammals”
means mammals who live the majority of their lives in marine waters and are classified by regulation as marine mammals.
15. “Migratory Birds”
means the list of migratory birds under the Migratory Bird Treaty Act, codified at 50 C.F.R. § 10.13; Tribal regulation may add or exclude bird species from that list for purposes of this definition.
16. “Muzzle-Loading Rifle”
means a single or double-barrel wheel lock, matchlock, flintlock or percussion rifle with exposed ignition in which the black powder and ball or bullet must be loaded from the muzzle.
17. “Natural Resources Department” or “Department”
means the Port Gamble S’Klallam Natural Resources Department, specifically the program and staff tasked with oversight of tribal hunting operations and policy issues.
18. “Open Season”
means those times, manners of taking and areas established by regulation for lawful hunting. “Open season” includes the first and last days of the established time, unless otherwise specified.
19. “Public Roads”
means those roads maintained by a county or the State of Washington.
20. “Regulation”
means any rule or regulation promulgated by the Port Gamble S’Klallam Tribe’s Hunting Committee or the Tribal Council.
21. “Revocation of Hunting Privileges”
means the recall of all rights and privileges granted by a Port Gamble S’Klallam Tribal Identification and Game Tag, and the loss of eligibility to apply for the duration specified by this Title.
22. “Port Gamble S’Klallam Tribal Member” or “Member”
means an enrolled member or the Port Gamble S’Klallam Tribe.
23. “Tribal Council”
means the Port Gamble S’Klallam Tribal Council.
24. “Tag”
means a card, label or other identification device issued for attachment to the carcass of any game animal.
26. “Upland Game Bird”
means forest grouse, pheasants, quail, and turkey.
27. “Wildlife”
means all species of the animal kingdom whose members exist within the jurisdiction of the Port Gamble S’Klallam Tribe except fish and domesticated animals.
(Adopted 11/20/1986. Codified and marine mammal references added by Res. 95-A-070, 6/13/1995, permanent adoption of marine mammal references 9/20/1995 by Res. 95-A-080; amended by Res. 99-A-062, 8/10/1999; amended by Res. 15-A-113, 9/28/2015, included definition of “Artificial light.”; amended by Res. 23-A-077, 5/22/2023, to modify definition of “artificial light” and to add definitions for “forest grouse”, “furbearers”, “invasive animals”, “migratory birds”, “Natural Resources Department”, and “upland game bird.”)
1.
Territory: The provisions of this Title and all rules and regulations adopted under it shall apply to the full extent of the sovereign jurisdiction of the Port Gamble S’Klallam Tribe including but not limited to the territory described under Article I of the Constitution of the Port Gamble S’Klallam Indian Tribe, the Tribe’s usual and accustomed grounds and stations and within all open and unclaimed lands as provided in the Treaty of Point No Point and shall apply in conformity with all agreements and other cooperative arrangements entered into by the Port Gamble S’Klallam Tribe which are designed to provide tribal access to wildlife and to provide effective management of the Tribe’s wildlife resource.
2.
Persons: The provisions of this Title and all rules and regulations adopted under it shall apply to all persons who are eligible to hunt under this Title, all persons who claim to be exercising hunting rights secured to the Port Gamble S’Klallam Tribe by the Treaty of Point No Point, and to all persons hunting within the exterior boundaries of the Port Gamble S’Klallam Reservation to the fullest extent permissible under applicable law.
(Adopted 11/20/1986. Codified and amended by Res. 95-A-070, 6/13/1995 permanent adoption of 6/13/1995 amendments 9/20/1995 by Res. 95-A-080; amended by Res. 99-A-062, 8/10/1999)
Any person who hunts on the Port Gamble S’Klallam Indian Reservation in violation of the provisions of this Title or hunting regulations, shall be deemed to be hunting on the Port Gamble S’Klallam Indian Reservation without lawful authority or permission, as those terms are used in 18 U.S.C. § 1165.
(Adopted 11/20/1986. Codified by Res. 95-A-070, 6/13/1995; amended by Res. 99-A-062, 8/10/1999)
The Tribal Council shall appoint a Hunting Committee to advise the Council on Hunting Code provisions and to recommend hunting regulations to the Council.
1.
The Port Gamble S’Klallam Tribal Council shall appoint a Hunting Committee which shall be made up of at least (4) tribal members who are familiar with hunting techniques and the game resources within the Tribe's jurisdiction. The Council may appoint additional persons from the tribal community to serve on the Hunting Committee.
2.
Hunting Committee members shall be appointed for four-year staggered terms.
3.
The Hunting Committee shall elect a Chairman who will be responsible to report to the Council.
4.
A quorum of the Hunting Committee shall be three (3) members.
(Adopted 11/20/1986. Codified by Res. 95-A-070, 6/13/1995; amended by Res. 99-A-062, 8/10/1999; amended by Res. 23-A-077, 5/22/2023, to change Hunting Committee member terms from three to four years and to remove initial establishing language.)
1.
Prior to each hunting season, the Hunting Committee shall formulate and recommend to the Tribal Council any annual and seasonal regulations that are necessary to carry out the purposes of this Title. The regulations may establish open seasons, areas closed or open to hunting or trapping, bag limits, limitations on methods of taking game, and other measures for the management, protection and wise harvest of game resources.
2.
Before proposing regulations as provided in this section, the Hunting Committee shall make an effort to get available information on the abundance and territories of various animal species within areas of the Port Gamble S’Klallam Tribe's jurisdiction.
(Adopted 11/20/1986. Codified by Res. 95-A-070, 6/13/1995; amended by Res. 99-A-062, 8/10/1999)
1.
The Tribal Council may make emergency changes in annual or seasonal hunting regulations whenever information is received that indicates that the changes are necessary for proper management of game resources in areas under tribal jurisdiction.
2.
Emergency regulations shall take effect as soon as they are adopted or at the time specified in the regulations. They shall remain in effect until withdrawn by the Tribal Council, until they lapse by their own terms, or until the tribal council withdraws them.
3.
All emergency regulations must be posted promptly at several public locations on the reservation and must indicate the date and hour they were adopted. No penalty shall be imposed for violation of an emergency regulation unless 24 hours have passed since the regulation was issued or unless the violator was served personally with a notice of the regulation before the violation occurred.
(Adopted 11/20/1986. Codified by Res. 95-A-070, 6/13/1995; amended by Res. 99-A-062, 8/10/1999)
The Port Gamble S’Klallam Indian Reservation is closed to hunting of wildlife unless specifically opened by regulations adopted pursuant to this Title. All other areas within the Tribe’s jurisdiction are closed to hunting of wildlife by persons purporting to exercise Port Gamble S’Klallam hunting rights, unless those areas have been specifically opened by regulations adopted pursuant to this Title.
(Adopted 11/20/1986. Codified and amended slightly by Res. 95-A-070, 6/13/1995, permanent adoption of 6/13/1995 amendments 9/20/1995 by Res. 95-A-080; amended by Res. 99-A-062, 8/10/1999)
The following persons are eligible to exercise hunting rights under the authority of this Title:
1.
Enrolled members of the Port Gamble S’Klallam Tribe who are 18 years old or older.
2.
Enrolled members of the Port Gamble S’Klallam Tribe under the age of 18, provided they have been awarded a certificate of satisfactory completion from a qualified safety course and are accompanied by an eligible Tribal member who is 18 years old or older.
(Adopted 11/20/1986. Codified by Res. 95-A-070, 6/13/1995; amended by Res. 99-A-062, 8/10/1999; amended by Res. 06-A-053, 8/8/2006, which lowered the age from fourteen to twelve; amended by Res. 15-A-113, 9/28/2015, which removed the age restriction to hunt and replaced with requirement to pass a hunter safety course if hunter is under 18.)
1.
Ceremonial Use. The Natural Resources Department may issue hunting tags to allow a “designated hunter” to hunt wildlife for funerals and tribal ceremonies. Each hunting tag shall be marked to identify it as a “Ceremonial” hunting tag. Requests for hunting tags under this section must be submitted in writing to the Natural Resources Department. The hunting tag shall specify the species and sex to be hunted, and any other conditions the Department attaches. Hunting tags under this section may be issued for use during an otherwise closed season.
2.
Tribal Food Programs. The Natural Resources Department may issue hunting tags to allow for a specified number and type of wildlife to hunted, returned to the Department, and distributed to tribal elders or other tribal group(s). Hunters must comply with any conditions the Department attaches to these tags. Each hunting tag shall be appropriately marked to identify the tribal food program for which it was issued. Hunting tags under this section may be issued for use during an otherwise closed season.
(Adopted 11/20/1986; amended by Res. 99-A-062, 8/10/1999; amended by Res. 15-A-113, 9/28/2015, removed the Hunting Committees authorization to approve hunting with artificial light under ceremonial tag license; amended by Res. 23-A-077, 5/22/2023, to change hunting tag issuing authority from the Hunting Committee to the Natural Resources Department, to create tag label requirements, and to allow for the issuance of tags for Tribal Food Programs.)
The Natural Resources Department may issue hunting tags to allow a “designated hunter” to hunt for another member of the Port Gamble S’Klallam Tribe who is unable to hunt. Requests for hunting tags under this section must be submitted in writing to the Department. Requests must state a) why the person or family making the request is unable to hunt for himself or themselves, b) who in the household has hunting tags for the current season, and c) why he/she feels a designated hunter is needed. In addition the member making the request may indicate who he or she would like to have as a designated hunter. A designated hunter must be an eligible hunter as defined by this Title. All the provisions of this Title and Port Gamble S’Klallam Tribe’s wildlife regulations shall apply to hunting under this section.
(Adopted 11/20/1986. Codified by Res. 95-A-070, 6/13/1995; amended by Res. 99-A-062, 8/10/1999; amended by Res. 23-A-077, 5/22/2023, to change hunting tag issuing authority from the Hunting Committee to the Natural Resources Department.)
Designated Hunters may be appointed for a period of one hunting season. Any member of the Port Gamble S’Klallam Tribe possessing a valid Port Gamble S’Klallam hunting tag may submit a signed application to the Natural Resources Department to be considered for placement on a list of “designated hunters.” The Department shall screen applicants to determine whether they meet eligibility requirements. Eligibility requirements for designated hunters are:
1.
Demonstrated hunting ability;
2.
Be an enrolled member of the Port Gamble S’Klallam Tribe;
3.
Be at least 18 years old;
4.
Having no tribal hunting conviction for the previous two years; and
5.
Persons prohibited from carrying a firearm under applicable tribal, state, or federal law are not eligible.
Any person who meets the eligibility requirements may be appointed by the Natural Resources Department as a designated hunter. When the Department grants a request under section 18.01.11 or 18.01.12 of this Title, it shall notify a designated hunter and issue the appropriate hunting tag. The designated hunter shall comply with the terms of the hunting tag and all other applicable laws and regulations.
(Adopted 11/20/1986. Codified by Res. 95-A-070, 6/13/1995; amended by Res. 99-A-062, 8/10/1999; amended by Res. 23-A-077, 5/22/2023, to change hunter designation authority from the Hunting Committee to the Natural Resources Department.)